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w 

MISSISSIPPI QUESTION. 



REPORT 



OF 



A DEBATE 



IN THE 



Senate of the United States, 

ON THE 23d. 24th, h 25th FEBRUARY, 1803, 
ON 

CERTAIN RESOLUTIONS 

CONCERNING THE 

VIOLATION OF THE RIGHT OF DEPOSIT 

IN THE 

ISLAND OF NEW ORLEANS. 



By WILLIAM DUANE. 



^ 



COPY-RICHT SECURED ACCORDING TO ACT OF CONGRESS. 



Philadelphia : 

PRINTEB BY W. DUANE, 106, HIGH STREET. 



1803. 



\ 



^ 






District of Pennsylvania^ to rvit : 

BE IT REMEMBERED, That on the first 
day of Juiie, in the twenty-seventh year of the Inde- 
pendence of the United States of America, Williann 
biiane, of the said district, hath deposited in this 
office the title of a book, ths right whereof he claims 
as proprietor, m the words following, to wit : 

" Mississippi Question. Report of a Debate in 
" the Senate of the United States, on the 23d 24th, 
" and 25th February, 1803, on certain resolutions 
" concerning the violation of the right of deposit in 
" the island of New Orleans. By William Duane." 

Inconformity to the act of Congress of the United 
States, intituled • ' An Act for the encouragement of 
learning, by securing the copies of maps, charts, and 
books to the authors and proprietors of such copies 
during the times therein mentioned" — and also an act 
entitled an act supplementary loan act entitled " An 
act for the eiKiouragement of learning, by securing the 
copies of maps, charts and books to the authors and 
proprietors of such copies diiring the times therein 
mentioned," and extending the benefits thereof to th^ 
arts of designing, engraving, and etching historical 
and other prints." 

(L. S.) D. CALDWELL, Clerk 

of the District of Pennsylvania. 



DEBATE 



jWi0SiSsippt %xm%ut\tsm. 



SENATE OF THE UNITED STATES. 

Monday, February 14th, 1803. 



1 HE Senate had been engaged In legislative business 
for some time.. ..Mr. Ross rose after this business had been 
conckided, to present certain resolutions for their consider- 
ation, of which he had given notice on a former day... .and 
spoke as follows ; 

Mr. Ross said, that although he came from a part of 
the country where the late events upon the Mississippi had 
excited great alarm and solicitude ; he had hitherto forborne 
the expression of his sentiments, or to bring forward any 
measure relative to the unjustifiable, oppressive condud o£ 
the officers of the Spanish government at New Orleans. He 
had waited thus long in the hope that some person, more 
likely than himself to conciliate and unite the opinions of a 
majority of the senate, would have offered efficacious mea- 
sures for their consideration. But seeing the session now- 
drawing to a close, without any such proposition, he could 
not reconcile a longer silence, either to his own sense of pro- 
priety, or to die duty he owed to his constituents. He would 

B 



( 2 ) 

not consent to go home without making one effort, however 
feeble or unsuccessful, to avert the calamity which threat- 
ened the western countrj'. Present appearances, he con- 
fessed, but little justified the hope, that any thing he might 
propose would be adopted ; yet it would at least afford him 
some consolation hereafter, that he had done his duty when 
the storm was approaching, by warning those who had power 
in their hands of the means which ought to be employed to 
resist it. 

He was fully aware that the executive of the United 
States had adled : that he had sent an envoy extraordinary 
to Europe. This was the peculiar province, and perhaps 
the duty of the President. He would not say that it was 
unwise in this state ofouraffairs to prepare for remonstrance 
and negociation, much less was he then about to propose any 
measure that would thwart negociation, or embarrass the 
President. On the other hand, he was convinced that more 
than negociation was absolutely necessary, that more power 
and more means ought to be given to the President, in order 
to render his negociations efficacious. Could the President 
proceed further, even if he thought more vigorous measures 
proper and expedient ? Was it in his power to repel and 
punish the indignity put upon the nation i Could he use the 
public force to redress our Wrongs ? Certainly not. This 
must be the a6l of Congress. They are now to judge of 
ulterior measures. They must give the power, and vote the 
means to vindicate, in a becoming manner, the wounded 
honor and the best interests of the cuuutry. 

Mr. R. said he held in his hands certain resolutions for 
that purpose, and before he offered them to the senate, he 
would very fully explain his reasons for bringing them for- 
ward and pressing them with earnestness, as the best system 
the United States could now pursue. 

It was certainly unnecessary to waste the time of that 
body in stating that we had a solemn explicit treaty with 
Spain ; that this treaty had been wantonly and unprovokedly 
violated, not only in what related to the Mississippi, but by 
the most flagrant, destru6live spoliations of our commerce 
on every part of the ocean, where Spanish armed vessels 
met the American flag. These spoliations were of immense 
magnitude, and demanded the most serious notice of our 
government. They had been followed by an indignity and 
a dire6l infraction of our treaty relative to the Mississippi, 
which bore an aspe6l not to be dissembled or mistaken. 



( 3 ) 

To the free navigation of that river we had an undoubted 
right from nature, and from the position of our western coun- 
try. This right, and the right of deposit in the island of 
New Orleans, had been solemnly acknowleged and fixed by 
treaty in 1795. That treaty had been in a6lual operation 
and execution for many years. ...and now without any pre- 
tence of abuse or violation on our part, the officers of the 
Spanish government deny the right, refuse the place of 
deposit, and add the most offensive of all insults, by forbid- 
ding us from landing on any part of their territory ; — and 
shutting us out as a common nuisance. 

By whom has this outrage been offered ? By those who 
have constant!)' acknowleged our right, and now tell us that 
they are no longer owners of the country ! They have 
given it away.. ..and because they have no longer aright 
themselves, therefore they turn us out, who have an un- 
doubted right ! Such an insult, such unprovoked' malignity 
of condu6l, no nation but this would affe6l to mistake. And 
yet we not only hesitate as to the course which interest and 
honor call us to pursue, but we bear it with patience, tame- 
ness, and apparent unconcern. 

Sir, said Mr. R. whom does this infra6lion of the treaty 
and the natural rights of this country most intimately affeft ? 
If the wound infiidled on national honor be not sensibly felt 
by the whole nation, is there not a large portion of your citi- 
zens exposed to immediate ruin by a continuance of this state 
of things ? The calamity lights upon all those who live upon 
the western waters. More than half a million of your citi- 
zens are by this cut off from a market. What would be the 
language, what would be the feelings of gentlemen in this 
house, were such an indignity offered on the Atlantic coast? 
"What would they say if die Chesapeake, the Delaware, or 
the bay of New York were shut up, and all egress prohibited 
by a foreign power ? And yet none of these waters embrace 
the interests of so many as the Mississippi. The numbers 
and the property affe6led by shutting this river, is greater 
than any thing that could follow by the blockade of a river 
on the Atlantic coast. Every part of the union was equally 
entitled to prote6lion, and no good reason could be offered 
why one part should be less attended to than another. 

In the last year, goods to more than the value of two 
millions of dollars, had been carried into the western coun- 
try. These goods were purchased on credit. The coa- 



( 4 ) 

sumption of that merchandize afforded a revenue to our 
treasury of more than three himdred thousand dollars. The 
sale of western public lands was counted upon as producing 
half a million of dollars annually. Large arrearages of in- 
ternal taxes were due from that country. The people had 
just emerged from an Indian war. They had overcome 
the most frightful obstructions which ever presented them- 
selves in the settlement of a new country, and although yet 
in their infancy, we might promise ourselves an honorable 
and a vigorous manhood, if they were protected, as we had 
led them to expect.... after a little while their strength and 
faculty of self preservation would be complete. Certainly 
they yet needed the kind fostering hand of their parent 
states. But if that be now withdrawn, where is the revenue 
on which to calculate ? How can they pay for )^our lands ? 
HovtT can they discharge the arrearages of taxes ? How can 
they pay your merchants in Baltimore or Philadelphia ? 
They cannot go to market.... They have no resources but the 
produce of their farms. You suffer the Spaniards to lock 
them up. You tell them that their crops may, nay must rot 
on their hands, and yet they must pay you their debts and 

taxes Is this justice ? Will it be submitted to ? These 

men bought \ our lands in confidence that the Spanish treaty 
would be maintained.. ..all sales since the date of the treaty.... 
now you suffer wanton violation of it without making an 
effort to remove the obstruction, and yet tell them they must 
pay you ! This crmnot be expected. It would not be the 
rule between honest individuals, tor the seller of an estate 
suffering an eviction of the purchaser when he might and 
couid prevent it, would not be permitted to recover the 
purchase money. 

If it comports with your calculation of interest or con- 
venience, to submit tamely to this outrage, and to witness 
the ruin of one part of your country for the sake of peace in 
the residue, surely your ideas of peace will compel you to 
absolve the western people from all obligation to repay what 
it would ruin them to advance. Will you prosecute them in 
your courts ? Will you sell their little all by your public offi- 
cers ? Will you not be content with the loss of all the lively 
hopes that they had entertained of gaining anew fortune, and 
another name in the wild but auspicious new countries of the 
west? Is it not enough that their day is darkening and 
closing at noon f Surely it cannot he thought reasonable to 



( 5 ) 

exact an impossibility. It is undeniable that in their ruin, 
many of your merchants on the Atlantic coast v/ill be inevi- 
tably inv olved. Great as this evil may. be, (iind certainly it 
is of immense magnitude,) yet the loss of the affections of a 
whole people, the destruction of an enterprize of hope, and 
of industry, through all the western world, is infinitely 
greater. 

It may be said that this is an overcharged description 
of the evil side of our affairs, without offering any remedy. 

Mr. R. said, that was far from liis intention, and he 
Vvould now examine that subject, because to his mind the 
remedy was obvious. 

The experience of all time has proved that with nations, 
as well as with individuals, submission to aggression and 
insult, uniformly invites a repetition and aggravation of the 
mischief. To repel at the onset is more easy, as well as 
more honorable to the injured party. 

Fortunately for this country, there could be no doubt in 
the present case.. ..our national right had been acknowleged, 
and solemnly secured by treaty. The treaty had been long 
in a state of execution. It was violated and denied v/ith- 
out provocation or apology. The treaty then was no secu- 
rity. This evident right was one, the security of v,hich 
ought not to be precarious ; it was indispensible that the 
enjoyment of it should be placed beyond ail doubt. He 
declared it therefore to be his firm and mature opinion, that 
so important a right would never be secure, while the mouth 
of the Mississippi was exclusively in the hands of tlie Spa^ 
niards. Caprice and enmity occasion constant interruption. 
From the very position of our country, from its geographical 
shape, from motives of complete independence, the command 
of the navigation of the river ought to be in our hands. 

We are now wantonly provoked to take it. Hostility 
in its most offensive shape has been offered by those who 
disclaim all right to the soil and the sovereigntj^ of that 
country.. ..an hostility fatal to the happiness of the v/estern 
world.. ..why not seize then what is so essential to us as a 
nation ? Why not expel the wrongdoers ? Wrongdoers by 
their own confession, to whom by a seizure we are doing no 
injury. Paper contracts or treaties, have proved too feeble. 
Plant yourselves on the river, fortify the banks, invite those 
who have an interest at stake to defend it. ...do justice to 
yourselves when your adversaries deny it.. ..and leave the 
event to him who controls the fate of nations. 



( 6 ) 

Why submit to a tardy, uncertain negociation, as the only 
means of regaining what you have lost. ...a negociation with 
those who have wronged you... .with those who declare they 
have no right, at the moment they deprive you of yours ? When 
in possession, j'ou will negociate v/ith more advantage. You 
will then be in a condition to keep others out. You will be 
in the actual exercise of jurisdiction over all your claims :...^ 
Your people wnll have the benefits of a lawful commerce. 
When your determination is known, you will make an easy 
and an honorable accommodation with any other claimant. 
The present possessors have no pretence to complain, for 
they have no right to the countrv by their own confession. 
The western people will discover that you are making every 
effort they could desire for their protection. i hey will ar* 
dently support you in the contest, if a contest becomes ne- 
cessar}'. Thei-r all will !>e at stake, and neither their 
zeal nor their courage need be doubted. 

Look at the memorial from the legislature of the Mis- 
sissippi territory, now on your table. ...That speaks a lan- 
guage and displa} s a spirit not to be mistaken. Their lives 
and fortunes are pledged to support you. The same may 
wnth equal truth be asserted of Kentucky, Tennessee, and 
the western people o-f Virginia and Pennsylvania. Is this a 
spirit to be repressed or put asleep by negociation ? If you 
suffer it to be extinguished, can you recal it in the hour of 
distress when you want it ? After negociation shall have 
failed, after a powerful, ambitious nation shall have taken 
possession of the key of your western country, and fortified 
it. ...after the garrisons are filled by the veterans who have 
conquered the east, will you have it in your power to awake 
the generous spirit of that country and dispossess them. No 
....Iheir confidence in such rules will be gone. ...They will 
be disheartened, divided, and will place no further depen- 
dence upon you. They naust abandon those who lost the 
precious moment of seizing, and forever securing their sole 
hope of subsistence and prosperity.... they must then from 
necessity, make the best bargain they can with the con- 
querer. 

Itma37be added, that the possession of the country on 
the east bank of the Mississippi, will give compactness, and 
irresistible strength to the United States ; and in all future 
European wars, we shall be more courted and respected, 
than we can ever hope to be without it.. ..on that score there- 
fore, our security will be increased by this measure. 



( ^ ) 

Suppose that this course be not no^\^ pursued. Let me 
warn gentlemen how they trifle with the feelings, the hopes 
and the fears of such a body of men, who inhabit the western 
waters. Let every honorable man put the question to him- 
self ; how would half a million round him be affected by 
such a calamity, and no prompt measures taken by the go- 
vernment to redress it.. ..These men have aVms in their 
hands ; the same arms with which they proved victorious 
over their savage neighbors. They have a daring spirit.... 
they have ample means of subsistence ; and they have men 
disposed to lead them on to revenge their wrongs. Are you 
certain that they will wait the end of negociation ? When 
they hear that nothing has been done for their iinmediate 
relief, they will probably take their resolution and act. In- 
deed, from all we have heard, there is great reason to believe 
that they will, or that they m^' have already taken that re- 
solution. 

They know the nature of the obstruction.. ..they know 
the weakness of the country. They are sure of present suc- 
cess. ...and they have a bold river to bear them forward to 
the place of action. They only want a leader to conduct 
ihem, and it would be strange, if with such means and such 
a spirit, a leader should not soon present himself. 

Suppose they do go, and do chase away the present 
oppressors, and that in the end, they are overpowered and 
defeated by a stronger foe than the present feeble possessors. 
They will never return to you, for you cannot protect them. 
They will make the best compromise they can with the 
power commanding the mouth of the river, who in effect, 
has thereby the command of their fortunes. Will such a 
bargain be of light or trivial moment to the Atlantic states. 
Bonaparte will then say to you, my French West India colo- 
nies, and those of my allies, can be supplied from my colony 
of Louisiana, with flour, pork, beef, lumber, and any other 
necessary. These articles can be carried by my own ships, 
navigated by my own sailors. If you, on the Atlantic coast 
wish to trade with my colonies in those articles, you must 
pay fifteen or twenty per cent, of an impost. We want r.o 
further supplies from you, and revenue to France must be 
the condition of all future intercourse. What will you say 
to this ? It will be vain to address your western brethi-en, 
and complain your commerce is ruined, vour revenue dv/in- 
dles, and your condition is desperate. They will reply that 
you came not to their assistance in the only moment you 



( 8 ) 

coiilcl have saved them. ...that you balanced bct;vecn nationiU 
honor and sordid interest, and suffered tliem to be borne 
down and subdued, at a time when for a trifle you could 
have secured the Mississippi ; that now their interest must 
be consulted, and it forbade any assistance to you, when fol- 
lowing in the same train of ruin which had overwhelmed 
them. If the evil does not immediately proceed the full 
length of disunion, vet the strength, the unity of exertion, 
the union of interest will be gone. "We are no longer one 
people, and representatives from that part of the country in 
our public councils, v»ill partake of the spirit and breathe the 
sentiments of a distinct nation ; they will rob you of your 
public lands ; they will not submit to taxes ; they will form 
a girdle round the southern states, which may be denomi- 
nated a foreign yoke, and render the situation of that coun- 
try very precai'ious as to its peace and past connexions. In- 
deed, every aspect of such a state of things is gloomy, and 
alai-ming to men v/ho take the trouble of reflecting upon it. 

But sir, said Mr. R. I have heard it suggested that 
another mode has been contemplated for getting rid of this 
crisis in our aftairs. If VyC remain perfectly quiet and pas- 
sive, shew no symptoms of uneasiness or discontent ; if we 
give no oftence to the new and probable masters of the Mis- 
sissippi ; ma}' be they will sell ! ! To me it is utterly incre- 
dible, that such an effect would flow from such a conduct. 
They might possibly sell if they found us armed ; in posses- 
sion, and resolved to maintain it. They would see that 
even conquest would be a hard bargain, of so distant a 
countrv : our possession would be ev idcnces of a fixed reso- 
lution. ...But when we have no army, no military preparation, 
no semblance of resistance, what would induce them to sell ? 
Sell, sir ! for how much ? Why sir, although there is no in- 
formation before this house, of an)- terms, yet I have seen it 
stated in the newspapers, that those v/ho now pretend to 
claim that country may be persuaded to sell, by giving two 
million of dollars to certain influential persons about the 

court 

Here Mr. Wright, of Maryland, called Mr. Ross to 
order, and said that he thought it improper to debate upon 
confidential information which, in his opinion, should be 
kept secret."* 

* Resoluiicn of Senate, 22d Dec. 1800. Resolved, That all confi 

dential communications made by the President of the United States to the 



( 9 ) 

Mr. R. denied that there was any confidential informa- 
tion in that house. 

The Vice President said there was no confidential 
information before the senate, that he recolle6led, and that 
he perceived nothing improper or out of order in what had 
been said. 

Mr. Nicholas said he hoped the galleries would be 
cleared. It appeared to him that the gentleman was about 
to discuss points of a confidential nature. 

Mr. Ross hoped not.. ..and would give his reasons. 

Mr. Nicholas obje6led, that it would not be in order 
for the gentleman to give his reasons. 

Mr. Ross. I will never speak upon this subjecl, sir, 
with closed doors. The moment you shut your doors I 
cease.. ..and v.hen they are opened I will proceed. There is 
nothing of a secret or confidential nature in what I have to 
say. Mr. Ross concluded by calling for the yeas and nays, 
upon the question of closing the doors. 

Mr. Wright read one of the rules of the Senate, to 
shew that a vote was not necessary for closing the doors, j" 

Mr. Wells enquired whether it was In order to inter- 
rupt a gentleman while speaking, and to make a motion, 
while he was in possession of the floor. 

The Vice President thought that in such a case, 
where a senator thought that the subject required secrecy, it 
might be done. The doors must be closed at the request of 
any Senator, and afterwards the Senate would determine by 
vote, whether or not the business should proceed with closed 
doors. He then ordered the galleries and lobby to be 
cleared. 1 he doors remained closed for some time, when 
they were again opened, and the Senate adjourned. 



Senate, shall be, by the members thereof, kept Inviolably secret ; and that all 
treaties, which may hereafter be laid before the Senate, shall also be ivcpt 
secret, until the Senate shall, by their resolution, take oif the injunction of 
secrecy. ycnirnala of Senate, 1800 — Jefferson's Manuel, sec. 52. 

t Of right the house ought not to be shut, but to be kept by porters or 
Serjeants at arms, assigned for that purpose. Mod. Ten. Farl. 

By the rules of the Senate, on motion made and seconded to shut the doors 
of the Senate on the discussion of any business, which may in the opinion of 
the member require secrecy, the President shall direct the gallery to be cleared, 
and during the discussion of such motion the doors shall remain shut. < 
Eule 28 — yefferson's Manuel, sec. 18. 

G 



( 10 ) 

Tuesday, Febriiartj 15. 

Upon reading the minutes of the preceding day, the 
following entry was found to have been made by the Secre- 
tary : 

' ?ilr. Ross stated in his place, that he had several reso- 
' lutions to submit to the consideration of the Senate, on the 

* infradlion of the treaty by the government of Spain, in 

* withholding the right, from the citizens of the United 
' States, to deposit their produce in the Spanish territories ; 

* upon which, while he was proceeding in bOme introductory 
' observations.... 

' On motion made and seconded, the galleries were 

* cleared, and the doors were shut.' 

The above entry on the minutes, Mr. Clinton of New 
York, moved to strike out, and the motion was carried. 

After some of the ordinary legislative business of the 
Senate had been dispatched, IVir. JNicholas moved that the 
galleries be cleared, and the doors of the Senate were closed 
till two o'clock. They were then opened, and the Senate 
adjourned. 

Wednesday, February 16. 

At one o'clock the doors of the Senate were opened, 
and in a few minutes afterwards 

Mr. Ross rose and said. That two days ago he had 
the honor of stating some of his opinions to the Senate res- 
pecting the alarming condition of our affairs upon the Mis- 
sissippi . — That in a very interesting part of his enquiry he 
had been called to order : — That the Vice President had 
expressly determined him to have been in order, and also 
declartd that there was no confidential inlormation before 
the Senate relating to the late aggressions upon our rights 
in the Mississippi :....Yet no;:v^i>.h^Jtan(iing this declaration 
of the Vice President, as explicit as it was correct, Mr. R. 
said, the doors v/ere actually closed and all further public 
discussions at that time prohibited. ...Yesterday the doors 
were again closed.. ..He said it would be well recollected, 
that when this extraoi-dinary measure was resorted to, he 
had given notice that he would not proceed further in the 
discussion, vhile the doors were shut, and that he would re- 
sume it whenever they should be opened. From that time 
to the present he had remained silent, but now, when a 



( 11 ) 



majority of the Senate had resolved that this dis: 
should be public, he would proceed to finish the i\ 



discussion 
pulL^Jiic, ne wouia proceea lo naisii uie re. a irks 
he had intended to make, and then offer his resolutio.ia. ile 
could not, however, avoid expressing his acknowlegemeats 
to the majority of that body, v/ho had decided that this 
debate should be public, for although some gendemen might 
be desirous to stifle, and smother in secrecy, an mquiryliie 
the present, he firmly believed that tiere would aivvays be 
firmness and independence enough in that house to m^-et in 
public the investigation of every subject proper lor public 
deliberation. 

Mr. R. said he would not return to a repetition of what 
he had formerly stated, it would be safiicient to mention, 
that he had urged the importance of our rights in the navi- 
gation of the iVlississippi founded in nature, and acknow- 
ledged by compact : This was the great and only highway 
of commerce from the v.'estern country to the ocean;.... That 
the Spaniards after a long execution of this treaty, have 
now flagrantly violated it, and shut us out from all inter- 
course, and from the right of deposit ;....Tliat they have 
plundered our citizens upon the ocean ; carried our vessels 
into their ports and condemned them without the semblance 
of a trial:.. ..Our seamen have been cast into prison, and our 
merchants ruined :....rhus assailed upon the ocean, and 
upon the land by a. long course of oppression and hostility, 
without provocation and without apology, he knew but one 
course we could take which promised complete redress of our 
wrongs : experience had proved, chat compa6l was no secu- 
rity, tiie Spaniards either cannot or will not observe their 
treaty, if they are under the dire6lion of a stronger power 
who will not permit them to adhere to their stipulations, or 
if they of their own accord inflidl these indignities under a 
belief that we dare not resent them, it was equally incum- 
bent upon us to a6l without farther delay. Tiie aggressors 
are heaping indignity upon you at your own door, at the very 
borders of your territory, and tell you, at the same time, they 
have no right to the country from whence they exclude you 
....If they acl thus without right, v/hy not enforce yours by 
taking possession ? Will you submit to be taken by the neck 
and kicked out without a struggle ? Was there not spirit 
enough in the country to repel and punish such unheard of 
insolence ? Is not the magnitude of the interest at stake, 
such as to warrant the most vigorous and decisive course 
which cdn express public indignation ? Go then, take th^ 



( 12 ) 

guardianship of your rights upon yourselves, trust it no 
longer to those who have so grossly abused the power they 
have had over it.. ..reinstate yourselves in the possession of 
that which has been wrested iromyou and withheld by faith- 
less men, Vvho confess themselves no longer the owners of 
the country over which they are exercising these a6ls of 
injustice and outrage. Negociation may, perhaps, be wise, 
but this is the cffe6lual measure to support it ; when it is seea 
that you have ciflermined to support your just demands with 
force. ...that you have already taken into your hands an am- 
ple pledge lor future security and good behaviour, your 
ambassador will be respedled and attended to. But v^hat 
weight will his remonstrances have in any country of Eu- 
rope, when they hear of no military preparations to vindi- 
cate your pretensions, when they learn that you have been 
chased out of a possession confessedly your right, that you 
have been insultingly told, begone, you shall not buy, you 
shall not sell, you are such a nuisance we will have no inter- 
course with youl 

Where is the nation, ancient or modern, that has borne 
such treatment without resentment or resistance ! Where is 
the nation that will respe6l another that is passive under 
such humiliating degradation and disgrace ? Your outlet to 
iTciarket closed. ...next they will trample you under foot upon 
your own territory which borders upon theirs I Yet you will 
not stir, you will not arm a single man; you will negociate ! 
Negociation alone under such circumstances must be hope- 
less....No....Go forward, remove the aggressors, clear away 
the obstructions, restore your possession with your ovv^n 
hand, and use yoursword if resistance be offered.... Call upon 
those who ar2 most injured, to redress themselves ; you have 
only to give the call, you have men enough near to the scene, 
vidiout sending a man from this side the mountains ; force 
sufficient, and more than sufficient, for a prompt execution 
of your orders... .If money be an obje6l ; one half of the 
money which would be consumed and lost by delay and 
negociation, would put you in possession. ...Then you may 
negociate whether )ou shall abandon it and go out again. 

You may also then negociate as to compensation for the 
spoliations upon your trade. You will have ample funds in 
your own hands to pay your merchants, if the Spaniards 
continue their refusal to pay. You will have lands to give, 
which they will readily accept and assist in defending. In 
this way they may all be indemnified ; by negociation there 
is little hope that they ever will. 



( 13 ) 

It may be s?ad that the executive is pui'sulng another 
and a very dift'erent course. The executive will certainly 
pursue the course designated by the legislaturct To the 
congress has been confided the power of deciding what shall 
be done in all cases of hostility by foreign powers. There 
can be no doubt that by the law of nature and nations, we are 
clearly authorised to employ force for our redress in such a 
case as this :....That we have a just right to take such mea- 
sures as will prevent a repetition of the mischief, and afford 
ample security for the future quiet enjoyment of the violated 
right. If we leave it entirely to the executive, he can only 
employ negociation, as being the sole means in his povv^er.... 
If the right be not abandoned what is to be done ? I know, 
said Mr. R. that some gendemen think diere is a m-ode of 
accomplishing our obje6l, of which, by a most extraordinary 
pi-oceeding, I am forbidden to speak on this occasion, I v/iii 
not, therefore, touch it....ButI will ask honorable gentlemen, 
especially those from the western country, what they will 
say on their return home to a people pressed by the heavy 
hand of this calamity.... when they enquire. ...What has been 
done ? What are our hopes ? How long v/ill this obstruelion 
continue ? You answer.. ..we have provided a remedy, but it 
is a secret ! We are not allowed to speak of it there, much 
less here. ...it was only committed to confidential men in 
whispers, with closed doors : but by and bye, you will see it 
operate like enchantment.. ..it is sovereign balsam which v/ill 
heal your wounded honor, it is a potent spell, or a kind of pa- 
tent medicine which will extinguish and forever put at rest 
the devouring spirit v/hich has desolated so many nations of 
Europe. You never can know exa6lly what it is ; nor can 
we tell you precisely the time it will begin to operate.,., 
but operate it certainly will, and efFe6lually too ! You will 
see strange things by and bye. ...wait patiently, and place full 
faith in us, for we cannot be mistaken. 

This idle tale may amuse children. But the me^i of 
that country will not be satisfied. They will tell you that 
they expelled better things of you, that their confidence has 
been misplaced, and will not wait the operation of your 
newly invented drugs j thej^ will go and redress themselves. 
I say also, let us go and redress ourselves ; you will have 
the whole nation v/ith you. On no question since the de- 
claration of independence, has the nation been so imanimous 
as upon this. We have at different times suffered great in- 
dignity and outrages from different European powers ; but 
none so palpable, so inexcusable, so provoking; or of such 



( H. ) 

magnitude in their consequences as this. Upon none has 

£ublic opinion uijiited so generally as this, it is true we 
ave a lamentable divison of political opinion among us, 
tvdiich has produced much raischiefj and may produce much, 
greater tlian any we have yet felt. On this question, party 
spirit ought to sink and disappear. P/[y opinions are well 
known, and are not likely to change ; but 1 candidly, and 
with all possible sincerty, declare my conviction to be clear, 
that there will not be a dissenting voice in the Avcstern coun- 
try if this course be taken : that so far as my own abilities 
go, they shall be exerted to the Vitmost to support it ; and I 
know that my friends on this floor with v/hom I have long 
thought and acted, have too high a regard for the national 
honor, and the best interests of their country, to hesitate a 
moment giving the same pledge of their honest determina- 
tion to support and reader these nieasures effectual, if taken ; 
call them ours ; if you please, v/e take the responsibility, and 
leave the execution of them with you. For as to myself or 
my iriends, no agency is v/ished, except tliat of uniting with 
you in rousing the spirit, and calling out the resources of the 
country, to protect itself against serious aggression, and the 
total subjection and loss of the western country. 

If you pursue this advice, and act promptly and boldlj 
upon it ; if you take possession, and prepare to maintain it ; 
from the very unanimity displayed, you will have no v/ar...,. 
you will meet v/ith no resistance. Indeed, a war may be 
Eaid to be already begun, for hostility of the worst kind, on 
one side has been long in practice upon us, and our retalia- 
tion or resistance v/ill be justified on every principle which 
has gsverned the condu6l of nations. If the Spaniards resist 
you in taking possession of v/hat by treaty they have acknow- 
leged to be yours, and what they now confess does not belong- 
to them. ...the war certainly begins with them. Under all 
these circumstances, v/ith these offers of support, could gen- 
tlemen doubt, could they venture to cry peace, peace, when 
there v/as no peace, but a sworcl I 

Mr. R. entreated gentlemen to view and consider his 
proposed resolutions with candor. He declared his intenti- 
ons to be solely the attainment of an objecl, the loss of which 
would destroy the country where he resided, and hazard the 
union iiself. If gentlemen thought the proposed means 
inadequate, he v^'Ould agree to enlarge them with cheerful- 
ness ; all that he v/ished v.'as that effv;6tual means be voted 
and em.ployed in this golden moment, wiiich if lest, never 
v/ould return. 



( 15 ) 

He said he would delay the senate no longer than tg 
present his resolutions, and give notice that he v/ould move 
to have them printed, and made the order of the day for 
some future day.. ..For, as gentlemen had consented that this 
business should be no longer a secret, thev Avould now be- 
come the subje6l of ample and able discussion. 

Mr. R. then read his resolutions, which appear under 
the head of Wednesday, the 23d. 

After reading the resolutions, Mr. Rgi5s said, I will 
now move these resolutions, and if gentiemen on the other side 
shall be disposed to give to the President greater power, I 
will cheerfully join them in extending it as far as they may- 
think necessary to the\iccomplishment of the obje6l. 

Mr. Wells rose and seconded the motion. 

Mr. Ross moved that the consideration of the resolu- 
tions be the order for Mondaj'. 

Mr. Nicholas rose and said he wished to make one or 
two observations in reply to 

The Vice President interrupted him, and said that 
if those observations were intended to apply to the question 
whether the resolutions should be the order for Monday, 
they would be proper, otherwise they would not be in order. 

Mr. Nicholas said he did not wish to go into unj 
discussion of the merits of the resolutions. He merely 
wished to remark, that the course pursued by the gentleman 
upon this occasion was altogether new and extraordinary. I 
presume, said he, that the gentleman expects to derive some 
advantage from the adoption of this course. If so, he is 
quite welcome to any advantage which he can gain. I be- 
lieve that the American people are too enlightened and too 
well informed to be deceived by any thing that has been said^ 
or by the novel course which has been pursued. It is usual 
when any business of such importance is about to be intro- 
duced, to give some previous notice, in order that gentlemen 
may be prepared to discuss the subjeiSt. Why the gentle- 
man has thought proper to depart from it in the present 
instance I cannot pretend to say. However, all that I think 
important to say a.t present is in reply to the assertion, that 
we are not informed of the intention of 

The Vice President again interrupted him, and said 
that the question before the Senate was, whether the resolu- 
tion should be the order for Monday. Upon that question, 
no remarks in reply to the gentleman from Pennsylvania 
could be admitted. If gentlemen vv ere disposed to discuss 



( 16 ) 

the resolution, or to reply to any arguments which had been 
advanced by the mover, the regular method would be to 
negative the motion, and then the %yhole subjedl would 
again be open. 

Mr. Koss said he did not wish to preclude any obser- 
vations which any gentleman might be disposed to make, 
and ii'the gentleman from Virginia wished to reply to any- 
thing which he had said, he would withdraw the motion, 
and give him an opportunity. 

Mr. Nicholas said he had no wish upon the subje6l, 
and would say nothing more. 

Mr. Wright said he hoped it would not be the order 
for Monday, and as the gentleman had been indulged with 
an opportunity of advancing his sentiments at large upon 
the subje6l, he presumed it would be in order for him to 
notice some of the most extraordmaiy oi 

The Vice President said it would not be in order, 
unless the present motion Avas first negatived. 

I'he question was then taken, and carried in the affir- 
mative ; and the Senate adjourned. 

Mondaij^ February 21, 

The oi'der of the day on Mr.Ross's resolutions wasthis 
day postponed on motion, to Wednesday, in consequence 
of the indisposition of general S. T. Mason, of Virginia.* 

Wednesday, February 23. 

The order of the day being the resolutions of Mr. Ross, 
laid on the table on the loth inst. the order was called for. 

The Vice i resident rose, and stated that he con- 
ceived it to be his duty to point out to the Senate a contra- 
diclion which appeared in their rules. The standing rules 
of the house declare that during debase...." the doors shall 
" be opeii'\. ..by the 28d-i rule of the house, it is deiared, that 
*' 071 motion made and seconded^ the gallery shall be cleared^ 
" and the doors remain shut during the discussion.''^ Be- 
tween these two rules there was an embarrassing contradic- 
tion. He did not see the propriety of leaving it in the power 
of any tvv'o members to shut the doors, but as it lay in the 
discretion of the house to regulate its own proceedings, he 

* T/bc foregoing part of the report is from the Washington Federalist, 3'£r. 
Ross's speech is furnished by hinisef, 7io report has been given of the replies. 



( 1^ ) 

would submit it to the house in the form of a specific propo- 
sition ; and he hoped the house would decide upon it vvichout 
debate. The following is the proposition : 

" If during the debate, or any other time, a motion be 
" made and seconded to shut the doors, should the galleries 
" forthwith be cleared, and the doors shut without debate 



or question 



?" 



Mr. Cocke said, if he understood the President right, 
he expe6led the Senate to decide upon this proposition with- 
out debate. 

The Vice President replied in the affirmative. 

Mr. Cocke said that he would not submit to give his 
Vote, without the expression of his opinion, if he thought it 
proper, as well as the Vice President. 

Mr. Nicholas. The officer, whoever he maybe, that 
is appointed to expound the laws of that house, ought not, 
he has no right to go into a discussion of the propriety or 
impropriety of any rules laid clown in the Senate.... it was not 
orderly to do so. There can be no question on a rule at this 
time or in this form, and it amounts to a questioning of a 
right established, wiiether any member has, or has not a right 
to do as is enjoined by the rules. It cannot be denied that 
any member, on motion made and seconded, may have the 
galleries cleared and the doors shut, if he thinks the occasion 
calls for it. 

Mr. Dayton. Does the gentleman from Virginia 
mean to say that, that or any other rule can give a member 
the right of seating me in the midst of a discussion ? If I a6l 
disorderly, the President has a right to call me to order, and 
he must decide whether I am in order or not. There is 
nothing in your rules which gives a member a right to seize 
upon the floor. 

Mr. Tracy was of opinion, that the 28th rule carried 
the meaning which it expressed ; it was clear, that if he had 
a question to propose which required closed doors, he had a 
a right to call for the doors being shut ; but certainly the rule 
never contemplated that in so doing the floor should be 
seized upon in the midst of a speech or a debate. By the 
16th rule, when a member is called to order, he is obliged to 
sit down. According to parliamentary proceeding, no one 
can take possession of the floor to the interruption of ano- 
ther, no one can stop another while he is speaking. If dis- 
orderly, the President will call him to order, but if called by 
a memberj the President must decide, and if in order, he must 

D 



( 18 ) 

possess the floor. If any other course were pursued, the 
house would be constantly exposed to interruption by the 
petulance of any two of its members. 

Mr. Baldwin. Gentlemen appear to mistake the 
principle of the rules in question, and the coui'se of proceed- 
ing generally appears not to be kept perfe6lly in sight. Cer- 
tainly the house is subje6l to interruption by other causes 
than points of order ; an incident occurs almost every day, 
in which members are obliged to be seated in the midst of 
debate, such as messages from the executive, or from the other 
house. He had always entertained a very different opinion from 
that expressed by some gentlemen of the 28th rule. It was 
true it had the aspe6l of placing the house at the power of an 
individual. But if gentlemen would recur to the mode of 
proceeding which existed before, they would find that this 
was not an improper rule. For some time the proceedings 
of the Senate were altogether with closed doors, but this was 
not approved by the public, it was not wholesome, and after 
mature deliberation, it was determined that the doors should 
be opened sub modo^ but that when there should appear to be 
reasonable occasion for shutting the doors, that it should be 
effedled in the mode pointed out by the 28th rule. For it 
was considered that the mover and seconder of the motion, 
being of that body, would be sufficient pledges for a reason- 
able motive, and the Senate would afterwards have it in their 
power to determine upon the propriety of the motion itself, 
or to remove any injun6lion of secrecy, if they should think 
it proper so to do. 

IVir. Tracy said, that the case of a message was not 
analagous, as the member could rise after it, and continue 
his speech. 

Mr. Cocke said, that the nde was ceriainly the most 
correal mode of proceeding ; for example, if a member at- 
tempts to speak with open doors on confidential business, 
and a member calls him to order, the very calling to order 
discloses what the confidential business is. ...Besides, in the 
other house there is an appeal from the dtci-non of the chairs 
here it is arbitrary, and the President may decide as he 
pleases. 

The Vice President had wished for a decision on 
this subjfi6l on various occasions, and looked to the house 
for it at this time. 

Mr. Ross, in order to close the discussion, v/ould move 
% rule for the present occasion.... and it will put an end to this 



( 19 ) 

delay, and not leave the house at the mercy of any two mem- 
bei-s....it is to this effeSi....J^esolved, that the discusaion of this 
day shall he public. 

Mr. Cocke. The obje6l of gentlemen is plain enough, 
they Vv'ish to impose an opinion upon the public that we are 
afraid or ashamed to let what we are doing be known to the 
people. Gentlemen would find themselves mistaken in their 
designs. He was always for the open and public discussion 
of all subjedls, and for none more than the subje6l of the 
gentleman's resolutions ; but he was opposed to the disclo- 
sure of any thing which might prove injurious to the coun- 
try, by retarding or thro\ving difficulties in the way of nego- 
ciations set on foot by the executive. Gentlemen wished 
to treat the people like little children, to hold out a 
scare -crow or a bug-bear to frighten them. But they would 
find that the people were not to be driven from their sober 
sensep. He came from a part of the country which was 
greatly interested in this subjedl ; and he knew the people 
wera^not such fools as the gentlemen would make them.... 
theifwill not believe that those who know them, and have 
taken the most effedlual measures to procure safety and secu- 
rity for them, are plotting evil for them. 

Mr. Wkight would move an amendment to the reso- 
lution (of Mr, Ross) that no member^ during debate^ shall 
directly cr indirectly disclose the secrets of the Seriate. 

The Vice PREsiDr.NT wished to have the precise ques- 
tion resolved... .whether two gentlemen have aright, at their 
pleasure, to close the doors of the Senate ? 

Mr. Anderson. Does the President mean, by again 
urging this question in this way, to suspend the resolution 
and the amendment just offered ?....He hoped not 1 

The resolution and amendment were then put, and car- 
ried in the affirmative. 

The Vice President then read Mr. Ross's original 
resolutions as follows : 

1. Resolved, " That the United States have an indispu- 
table right to the free navigation of the river Mississippi, and 
to a convenient place of deposit for their produce and mer- 
chandize in the island of New Orleans. 

2. '' That the late infra6lion of such their unquestion- 
able right, is an aggression hostile to their honor and in- 
terest. 

3. " That it does not consist with the dignity or safety 
of this union, to hold a right so important, by a tenure so 
uncertain. 



( 20 ) 

4. " That it materially concerns r,uch of the American 
citizens as dwell on the western waters ; and is essential to 
the union, strength, and prosperity oi these states, that they 
obtain complete security for the full and peaceable enjoy- 
ment of such their absolute right. 

5. " That the President be authorised to take imme- 
diate possession of such place or places, in the said island, 
or the adjacent territories, as he may deem fit and conveni- 
ent, for the purposes aforesaid ; and to adopt such other 
measures for obtaining that complete security as to him, in 
his wisdom, shall seem meet. 

6. " That he be authorised to call into acSlual service, 
any number of the inilitia of the states of South Carolina, 
Georgia, Ohio, Kentuclcy, Tennessee, or of the Mississippi 
territory, which he may think proper, not exceeding fifty 
thousand, and to employ them, together with the military 
and naval forces of the union, for ctfe6ling the obje6ls above 
mentioni d. 

7. " That the sum of five millions of dollars be appro- 
priated to the carrying into eflFeCl the foregoing resolutions ; 
and that the whole or any part of that sum be paid or ap- 
plied on warrants drawn in pursuance of such directions as 
the President may, from time to time, think proper to give 
to the secretary of the treasury." 

Whereupon^ 

Mr. White, of Delaware, rose, Mr. President, on 
this subject, which has on a foi^mer day been discussed with 
so much ability, and with such eloquence by my friend from 
Penns} Ivania, the honorable mover of the resolutions, I 
shall submit the lew observations I may make, in as concise 
a manner as I am capable of ; for it is very far from my 
wish to occupy the time, or attention of the Senate unneces- 
sarily. The resolutions on \ our table I approve of in their 
full extent ; I believe they express the firm and manly tone 
that at tlijs moment, is especially becoming the dignity of 
the government to assimie ; i believe they mark out a sys- 
tem ot measures, that, if promptly pursued, will be honor- 
able to the nation, and ec[ua! to the accomplishment of the 
important objetl which gentlemen on all sides seem to have 
in view. These alone, Vv^ith me, would be sufficient induce- 
ments to yitij them my feeble support ;....but in addition to 
these, and ko the thorough convi6lion of my own mind as to 
the course I ought to pursue, 1 have the happiness of being 
supported in my opinions on this subje6l, by the unequivo- 



( 21 ) 

cal expression of the sentiment of the state, to which I have 
the honor to belong. 

It was earlv seen, Mr. President, and required but little 
penetration to discover, that adventurers emigrating beyond 
the mountains, and settling on our western waters, must 
possess the free navigation of the Mississippi, it being their 
only outlet to the ocean. This important privilege it became 
necessary on the part of the government of the United States 
to secure by treaty, and not leave to the capricious will of 
whatever nation who might futurely hold the territory at the 
mouth of the river. Accordingly in the 4th and 22d arti- 
cles of our treaty with Spain, I find on this subje6l the fol- 
lowing stipulations : 

" Article IV. It is likewise agreed that the western 
boundary of the United States, which separates them from 
the Spanish colony of Louisiana, is in the middle of the 
channel or bed of the river Mississippi, from the northern 
boundary of the said States, to the completion of the 31st 
degree of latitude north of the equator. And his Catholic 
Majesty has likewise agreed that the navigation of the said 
river, in its whole breadth from its source to the ocean, shall 
be free only to his subje6ls and the citizens of the United 
States, unless he should extend this privilege to the subje6ls 
of other powers by special convention." 

" Ari. XXII. The two high contra6l;ng parties, hop- 
ing that the good correspondence and friendship which happily 
reigns between them, will be further encreased by this treaty, 
and that it will contribute to augment their prosperity and 
opulence, will in future give to their mutual commerce all 
the extension and favor which the advantages of both coun- 
tries may require. 

" And in consequence of the stipulations contained in the 
fourth article, his Catholic Majesty will permit the citizens 
of the United States, for the space of three years from this 
time^ to deposit their merchandizes and effects in the port of 
New Orleans, and to export them from thence without pay- 
ing any other duty, than a fair price for the hire of the stores 
....and his majesty promises either to continue this permis- 
sion, if he finds, during that time, that it is not prejudicial to 
the interests of Spain, or if he should not agi-ee to continue 
it there, he will assign to them, on another part of the banks 
of the Mississippi, an equivalent establishi-nenf.^^ 

This instrument, Mr. President, it is known, for a time 
quieted the fears and jealousies of our western brethren ; 



( 22 > 

they supposed it had removed forever the possibilitj^ of anjr 
future embarrassment to their commerce on those waters. 
And after it had been proclaimed as the law of the land, 
after it had been ratified by both nations, and become obli- 
gatoiy upon the faith and honor of each ; who could have 
thought otherwise ? Yet, sir, it has happened otherwise.... 
This place of deposit at New Orleans, secured to our citi- 
zens by the article last read, has been recently wrested from 
their hands by the authority of die Spanish government, and 
no other equivalent one assigned, where after more than two 
thoiisand miles of boat navigation, they may disembark their 
produce in order to be shipped for sea, and without this ad- 
vantage the navigation of the river is to them but an empty 
name. 

I have said by the authority of the Spanish government, 
It has indeed been given out to the world for reasons that 
every man may conje6\ure, and a'-e unnecessary to be men- 
tioned, that this v.'as not the act of the government, but the 
rash measure of a single officer ; the intendant general of the 
Spanish provinces.. ..that the Spanish minister had issued 
orders for the speedy adjustment ol these difficulties. ...had 
kirdly offered to throw himself into the breach to prevent 
this mtendant general from going to e:i.tremities with the 
government of the United States. .Sir, gentlemen may find, 
when too late, that this is a mere piece oi diplomatic policy, 
intended only to amuse them ; and to say nothing of the 
humiliating idea of resorting to such aplaister for the wound 
that lias been iniiiiftecl upon our national honor ; if they had 
taken the trouble, thc}^ might have been informed that the 
Spanish minister near this government has no control at New 
Orleans. ...that the intendant general is, like himself, an im- 
mediate olficer of the crown, and responsible only to the 
crown for his condu6l. If the Spanish minister has inter- 
fered, whicii 1 am not disposed to question, to make the best 
of it, it could only have been by the intreaties of men in 
power, as a mere meuiator, to beg of the intendant general 
of New Orleans, justice and peace on behalf of the people of 
the U. States. Are honorable gentlemen prepared to accept 
of peace on such terms ?....They might do, sir, for a tribe of 
starving Indians ; but is this the rank that we are to hold 
among the nations of the world ? And it seems that even 
these supplicating advances are likely to avail us nothing; 
by accounts very lately received from New Orleans, by a 
private letter which I have seen since these resolutions were 



( 23 ) 

submitted to the Senate, the intendant general has expressed 
much displeasure at the interference oi ihe Spanish minister 
....stating that it was not within his duty or his province, and 
that he, the intendant, a6led not under Spanish but French 
orders. 

As to the closing of the port of New Orleans against 
our citizens, the man who can now doubt, after viewing ail 
the accompanying circumstances, that it was the deliberate 
a6l of the Spanish or French government, must have locked 
up his mind against truth and convi6iion, and be determined 
to discredit even the evidence of his own senses ; but sir, 
it is not only the depriving us of our right of deposit by 
which we have been aggrieved, it is by a system of measures 
pursued antecedent and subsequent to that event, equally 
hostile and even more insulting. I have in my hand a paper, 
signed by a Spanish officer, which, with the indulgence of 
the chair, I will read to the Senate. 

* ADVERTISEMENT. 

*' Under date of the 16th inst. (December,) the inten- 
dant general of these provhices teiis me, that the citizens of 
the United States of America, can have no commerce xv'/th 
his majestifs subjects.. ..\.\\(ty only having the free navigation 
of the river for the exportation of the fraits and produce of 
their establishments, to foreign countries, and the impoita-* 
tion of what they may want irom them. As cuch icharrs 
yoii^ so Jar as respects ijoit, to be zealous and vigiianr^ zvich 
particular care^ that the inhabitants neither purciiase or sell 
any thin<T to the shippings JIat Lotto ned boats ^ barges^ or any 
other smaller vessels that may go along the river destined for 
the American possessions, or proceeding from them, liiat 
they shall be informed of it, for their due compliance of the 
same." 

(Signed) CARLOS DE GRANDPREE. 

Baton Rouge, December 22, 1803. 

The foregoing is a translation from the original, di- 
re6led to me by his lordship, Carlos de Urandprce, woL of 
the royal armies, and governor oi Baton Rougi. 

(Signed) J. O. CONXER, 

Cyndic of 4^lh districts 
Baton Rouge, December 27, 1802." 



( 24 ) 

These are the measures, Mr. President, that have been 
adopted ; these are the orders that have been issued by the 
intendant general, to every distri6lofthe Spanish provinces, 
prohibiting the subje6ls of his Catholic majesty from hav- 
ing any commerce, dealing, intercourse, or communion 
v/hatsoever with the citizens of the United States, exclud- 
ing us from their shores for the distance of two hundred 
and seventy miles, treating us like a nation of pirates, or a 
banditti of robbers, who they feared to trust in their coun- 
trv ; and this day sir, if a vessel belonging to a citizen of 
the United States, engaged in a fair and legal trade, was 
upon the waters of the Mississippi, within the Spanish lines, 
and in a state of the most extreme distress, the Spaniard 
who should yield her aid or comfort, would do it at the 
peril of his life. 

But why do we confine ourselves to the Mississippi, 
almost every part of the world furnishes us with causes of 
complaint against the Spaniards, scarcely a mail has arrived 
for a year past, that has not brought us some account of 
their outrages upon our commerce. They insult our nati- 
onal flag upon every sea where they meet it.. ..they seize our 
merchantmen... .they plunder our merchants of their pro- 
perty. ...they abuse our seamen. ...shackle them with chains, 
and consign them to dungeons. ...and yet honorable gentle- 
men cry out peace, peace, when there is no peace. If this 
be peace, God give us war ! And pray, Mr. President, what 
have we done to provoke all this? We have violated no 
treaty with his Catholic majesty, we have injured none of 
his subje6ls, we have depredated no where upon his com- 
merce ; rather than offend him, when he has smitten us on 
one cheek, with Christian meekness, we have turned the 
other.. ..he has made no complaint against us ; he has no 
cause of complaint.. ..he does not even condescend to seek a 
justification for his condu6l ; none could be found.... but it 
originates in a deliberately formed system of insult and 
abuse, and he is proceeding, step by step, to ascertain how 
long the people of the United States will suffer themselves 
to be trampled upon with impunity. We have seen him on 
our lines, wantonly infra6l his solemn treaty, and his sub- 
je6ls are at this moment, under our very eyes, adling in 
open violation of its best provisions, by withholding from 
our citizens the all important right it guarantees to them of 
navigating freely the Mississippi. ...a right essential to their 
very existence as a people. ...a right that can never be aban* 



( 2J ) 

doned by them, but with their lives ; nor yielded by us, but 
with our national honor. 

If it should be said, sir, that this important question 
will not long be an affair of controversy between the United 
States and Spain : that Louisiana, New Orleans, and this 
usurped claim of the Spanish government to the exclusive 
navigation of the Mississippi, will soon be found in other 
hands.. ..that whenever we may have to negociate on this 
subje6l, either in the cabinet or the field, it will not be with 
his Catholic majesty, but with the first Consul ; not with a 
king, but with the king of kings ; I answer that in these 
insults to ovu- national dignity, we at present know no power 
but Spain.. ..whatever agency Bonaparte may have had ia 
this business, he has been concealed from our view. It is 
Spain that has violated her plighted faith.. ..it is Spain that 
has trampled upon the dearest interests of the United States, 
and insulted our government to our faces without the sem- 
lance of a cause, and she alone is responsible to us for 
these outrages. And, under such circumstances, is it 
becoming, politic, or honorable in us to treat her as a friend, 
and as a neighbor ; to remonstrate with her on her a6ls of 
injustice, and wait till she shall add insult to insult, and heap 
injury upon injury; or what is perhaps even worse, if any 
thing worse than national degradation can befal an indepen- 
dent people, till this golden opportunity shall have passed 
away, and the facility of redress be wrested Iroin our hands ? 
No sir, we should now view her as our open enemy, as hav- 
ing declared war against us, and do justice to ourselves. 
We can never have permanent peace on our western waters, 
till we possess ourselves of New Orleans, and such other 
positions as may be necessary to give us the complete and 
absolute commandof the navigation of the Mississippi.. ..We 
have now such an opportunity of accomplishing this impor- 
tant objecl as may not be presented again in centuries, and 
every justification that could be wished, for availing our- 
selves of the opportunity. Spain has dared us to the trial, 
and nov/ bids us defiance ; she is yet in possession of that 
country, it is at this moment within your reach and within, 
your power, it offers a sure and easy conquest ; we should 
have to encounter there now, only a weak, ina6live, and un- 
enterprizing people ; but how may a few inonths vary this 
scene, and darken our prospe6ls : though not officially in- 
formed, we know that the Spanish provinces on the Alissis- 
sippi have been ceded to the French, and that they will as 

E 



( 26 ) 

scon as possible take possession of them. What may ^v^ 
then expe6l ? When in the last extremity we shall be drive. i 
to arms in defence of our indisputable rights.... v.- here now 
slumbers on his post with folded arms the sluggish Spaniard, 
we shall be hailed by the vigilant and alert French grenadier, 
and in the defenceless garrison that would now surrender at 
our approach, we shall see unfurled the standards that have 
waved triumphant in Italy, surrounded by impregnable ram- 
parts, and defended by the disciplined veterans ol Egypt. 

I am willing, sir, to attribute to honorable gentlemen 
the best of nnotives, I am sure they do not wish to involve 
this country in a war, and God knows, I deprecate ils horrors 
as much as any man ; but this business can never be adjusted 
abroad. ...it will ultimately have to be settled upon the banks 
of the Mississippi, and the longer you delay, the more time 
you waste in tedious negociations, the greater sacrifices )-ou 
make to protra6l a temporary and hollow peace, the greater 
will be your embarrassments when the war comes on, and it 
is inevitable, unless honorable gentlemen, opposed to us, are 
prepared to yield up the best interests and honor of the 
nation....! believe the only question, now in our pov/er to 
decide, is whether it shall be the bloodless war of a few 
months, or the (iarnage of years. 

These observations, Mr. President, are urged upon 
the supposition that it is in the power of the government to 
restrain the impetuosit)' of the western people, and to pre- 
vent their doing justice to themselves, which, by the bye, I 
beg to be understood as not believing, but expressly the con- 
trary. I'hey know their own strength. ...they knov/ the fee- 
bleness of the enemy.. ..they know the infinite importance of 
the stake, and they feel, permit n\e to say sir, with more 
than mere sensibility, the insults and injuries they have 
received; they are nov/ all alive on this subje6l, and I be- 
lieve will not submit, even for the approaching season, to 
their present ruinous and humiliating situation. ...You had as 
well pretend to dam up the mouth of the Mississippi, and 
say to its restless waves, yt shall cease here, and never min- 
gle with the ocean, as to expe6l they will be prevented from 
descending it. Without the free use of the river, and the 
necessary advantages of deposit below our line, their fertile 
country is not worth possessing, their produce must be 
wasted in their fields, or rot in their granaries. ...these are 
rights not only guaranteed to them by treaty, but given to 
them by the God of nature, and they will enforce them with, 
or without the authority of the government ; and let me ask, 



'( 27 ) 

sir, whether it is most dignified for the government to lead 
or follow in the path of honor ; one it must do, or give up 
that western country. But, independent of these consideia- 
tions, those people have other solid claims upon the govern- 
ment for immediate support. Under your auspices, and 
with the promise of your pi ote61ion, at the hazard of their 
lives, they explored and settled a wilderness ; the lonely 
desert they have transformed into cultivated fields, the haunt 
of the wild beast, they have made the seat of science, and 
v/here but a few years since was heard only the savage yell, 
their indusny andenterprize have reared towns and villages, 
and planted polished societies. They are our fellow citi- 
zens, our friends and our brothers, and we are bound by 
every obligation of good faith, and every sentiment of honor, 
not to abandon them for a moment. It is now in our power, 
v»/ithout difiiculty or danger, to redress their wrongs, and to 
remove forever, the possibility of like indignities to the 
nation... .But, Mr. President, let Bonaparte once take quiet 
possession of the mouth of the Mississippi, and we shall 
have a war indeed : nodiing but the length of our swords, 
and the best blood of our citizens will ever make it ours.... 
his obje6ls is universal dominion : and the hero of Italy, the 
military despot of Fravice, a man whose towering ambition 
bestrides the world, whose will is now the law of nations, 
vt^ith fifty million of people, and the resources of Europe at 
his command, will be a foe not easily vanquished ; and I 
repeat sir, let him only set his foot on that shore, let him but 
plant a single standard there, and he will never yield it but 
by inches, to superior force. He knows well the value of 
the position, he Icnows that it must become one of the first in 
the world, and that it now offers higher temptations to a 
powerful, ambitious, and intriguing people than any place on 
earth. It is the only key to the immense regions watered 
by the Mississippi and its tributary streams, to a country, 
larger in extent than all Europe, surpassed by no portion of 
the world in fertility of soil, and most of it, in climate, a 
paradise. 

But, Mr. President, what is more than all to be dreaded, 
in such hands, it may be made the means of access, and cor- 
ruption to your national councils, and a key to your treasury. 
Your western people will see in Bonaparte, at their very 
doors, a powerful friend or a dangerous enemy.. ..and should 
he, after obtaining complete control over the navigation of 
the Mississippi, approach them, not in the menacing attitud® 



( 28 ) 

of an enemy, but under the specious garb of a protector and 
a friend. ...should he, instead of embarrass ng their com- 
merce by any fiscal arrangements, ii.vite them to the free 
navigation of the river, and give them privileges in trade 
not heretofore enjoyed... .should he, instead of attempting 
to coerce them to his measures, contrary to their wishes, 
send missionaries into their country to court and intrigue 
with them, he may seduce their aifections, and thus accom- 
plish by address and cunning, what even his force might not 
be equal to. In this way having operated upon their pas- 
sions, having enlisted in his service, their hopes and their 
fears, he may gain an undue ascendancy over them. Should 
these things be effe6led, which God forbid, but Bonaparte in 
a few years has done much more, what, let me ask honorable 
gentlemen, may be the consequences ? I fear even to look 
them in the face. The degraded countries of Europe, that 
have been enslaved by the divisions and distraclions of their 
councils, produced by similar means, aiiord us melancholy 
examples. I'oreign infiutnce will gain admittance into your 
nationtd councils, the First Consul, or his interests, will be 
represented in the Congress of the United States, this floor 
may become the theatre of sedition and intrigue.. ..You will 
have a French fa6lion in the government, and that facStion 
will increase, with the rapidly increasing population of the 
western world. Whenever this period shall arrive, it will 
be the crisis of American glory, and must result, either in 
the political subjugation of the Atlantic states, or in their 
separaiion from the western country ; and I am sure there 
is no American who does not view as one ot the greatest 
evils that could befal us, the dismemberment of this union. 
Honorable gentlemen mav wrap themselves up in their pre- 
sent imaginary security, and say that these things are afar 
off, or that they can never happen ; but let me beseech of 
them to look well to the measures they are now pursuing, 
for on the wisdom, the prompmess and energy of those 
measures, will depend whether they shall happen or not.... 
And let me tell tliem, sir, that the want oi firmness or 
judgment in the cabinet, will be no apology for the disgrace 
and rum of the nation. 

A single moment more, Mr. President, till I call to the 
recolle6lion of gentlemen the language of experience, and 
endeavor to impress upon their minds yet stronger, the im- 
portance of the resolutions on your table. One of the first 
statesmen o f the age we live in, the celebrated Mr. Fox, in 



( 29 ) 

a most learned and eloquent speech lately delivered in ths 
hou^e oi commons, taking an extended view oa the affairs of 
Europe, and oithe particular situation oftlie British empire, 
explicitly declares, that he consid^irs the preservation of 
national honor, to be almost the only legitimate cause of 
war ; that he holds that dodlrine upon the plain principle, 
that honor is directly and inseparably connected with self 
defence ; and if, says he, it can be proved, that the national 
honor has been insulted, or the national dignity disgraced, it 
is a fair and legitimate cause of re-commencing hostilities. 
These, sir, are the noble sentiments of a man, who, for thirty 
years past, has supported one of the most conspicuous cha- 
ra6lers on the great political theatre of nations, who has dur- 
ing that time been unceasingly the tavorite oi the people, 
and the jealous advocate oi their rights and liberties. ...they 
are entitled to weight. 

I hope 1 siiali not be charged with a v/ant of delicacy 
towards the feelings of honorable gentlemen on the other 
side of the house, when I say, that there was a time, even in 
the infancy of our government, when a soldier and a states- 
man, the greatest and the best oi: men, was at the head of 
the administration, that the most powerful nation of Europe 
would not have dared us v/ith such an insult as we have 
received. 1 refer to the days of Washington, days of which 
he was the distinguished pride and ornament, but days that, 
alas, are now gone, and he, unhappily for his country, with 
them, never, never to return. In those days we were indeed 
comparatively weak and poor, but a national sentiment and 
feeling was kept alive, that disdained to suomit tamely to 
insult ;....and now, sir, when we have grown rich and strong, 
when our overflowing treasury, our increasing energies and 
population, are the burthen of every executive message, and 
ministerial communication, when our wealth, our power and 
our resources are the boast of every American, shall we see, 
at our very doors, with meek and philosophic forbearance, 
the dearest interests of our citizens trampled in the dust, and 
the dignity of our people insulted by an impotent and nov/ 
degraded nation, and instead of the commanding tone and 
manner that becomes a nation of republicans, instead of tak- 
ing justice into our own hands, and avenging these insults 
and injuries ; shall we stoop to send a minister abroad to 
supplicate, for what ? For justice. ..for the restoration of our 
indisputable rights, of which we have been stripped by vio- 
lence ; there to whisper, at the foot of a throne, our national 



( 30 ) 

sensibilities, which we fear even to speak of but in secret at 

heme, iest Castilian pride should be otVendtd. I hope not 
5;r, I hope energt:tic measures will be promptly adopted, 
thut this Senate '.vili recorfimend them, and liiac we shfiil not 
lose an hour in prtr.julng to exert the means which God has 
given us oi' eniortuig the rights tliai belong to us by treaty 
and by i.cUiire. 

Ivlr. L'rackenricge observed, that he did not mean 
to wander in the field of declamation, nor after the example 
of the honorable gentleman who had j;recedcd h.m, endea- 
vor to alram or agitate the public mind ; ihat he should 
endeavor to strip the £ubje6l ci r.ll in'.pvoper (.oioring, and 
exaniine dibpaGtionsiteiy tiiC propriciy oi the measures which 
the Senate were ctuied upon to san6lion. He v.'ouid be very 
brief. 

What is the true and undisguised state of faiSls ? Early 
in the session, the House of Representatives were informed, 
by a communication irom the Fresident, ol the coudu6t of 
the intendant at Orleans. I'his ccmmunivation staled, that 
he had taken ir.easures to attempt a restoration of the right 
vdnLii had been violated ; and that there were reasons to be- 
lieve the ccndu6l of the intendant v/as unauthorized by the 
court of Spain. Accompanying this message were otficial 
papers, in \> hich it appeared that the governor of New Or- 
leans had strcngly tpposed the conduil of the intendant, 
declared .h.it he was atiing vt^ithout authority in refusing the 
deposit, and indicated a disposition to oppose openly the pro- 
ceeding. The Spanish minister v/ho resides here, also 
interposed on the occasion, and v/ho stands deservedly high 
in the confidence of his government, was clearly of opinion, 
that the intendant was acting without authority, and that 
redress v,ould be given so soon as the competent authority 
could interpose. From this state of things, and which is 
the a6iuai suite at this m-oment, v/hat is the course any civi- 
lized nation who respe6ls her chara61er or rights, would 
pursue? There is but one course, which is admitted by- 
writers on the laws of nations, as the proper one ; and is thus 
described by Vattell, in his book, sec. 336, 3J8..,." A sove- 
" reign ought to shew, in all his quarrels, a sincere desire 
" of rendering justice, and preserving peace. He is obliged 
" before he takes up arms, and after having taken them up 
" also, to offer equitable conditions, and then alone his arms 
** become just against an obstinate enemy, who reiuses to 
*' listen lo justice or to equity.. ..His own advantage, and 



( 31 ) 

" that of human society, oblig- him to attempt, before he 
" takes up arms, ah ihe pa:ific methois of cbt lining eiJier 
" the reparation of the injmy, or a just satisfaSlion. This 
" moderation, this circum3pe6lion is so much the more pro- 
" per, and commonly even indispensible, as the a6lion Are 
" take for an injury does not ai\vays proceed from a design 
" to offend us, and is sometimes a mistake rather than an 
*' a6l of mahce : frequently it even happens, that the injury 
" is done by inferior persons^ without their sovereign haifing 
" any share in it : and on these occasions, it is not natural 
" to presume tiiat he would refuse us a just satisfaction." 
This is the course wliich the President iias taken, and in 
which the House of Representatives ha ye expressed, by 
their resolution, their confidence. 

What are the reasons urged by gentlemen to induce a 
different proceeding, an immediate appeal to arms?. ...You 
prostrate, say the gentlemen, yowrnational honor by negoci- 
ating^ where there is a diredl violation of a treaty ! How 
happens it that our national honor has, at this particular cri- 
sis, become so delicate, and rhat the feelings of certain gen- 
tlemen are now so alive to it t Has it been the pradlice of 
this government heretofore to break lances on the spot v.'ith 
any nation who injured or insulted her ? Or has not the in- 
variable course been to seek reparation in the first piace by 
negociation ?....I ask for an example to the contrary ; even 
under the administration of Washington, so much eulogized 
by the gentleman last up ? W^ere not Detroit, and several 
other forts within our territor}', held ten or a dozen of years 
by Great Britain, in dire6l violation of a treaty ? W^ere not 
waiiton spoliations committed on your commerce by Great 
Britain, by France, and by Spain, to the amount of very 
many millions ; and all adjusted through the medium of 
negociations ? Were not your merchants plundered, and 
your citizens doomed to slavery by Algiers, and sail those 
in power, even Washington himself, submitted to negocia- 
tion, to ransom, and to tribute I Why then do gentlemen, 
who on those occasions approved of these measures, now 
despair of negociation 1 America has been uniiormly suc- 
cessful, at least in settling her differences by treaty. 

But the gentleman is afraid that if we do not immedi- 
ately seize the country^ we shall lose the golden opportunity 
of doing it. 

Would your national honor be free from imputation by 
a condu6l of such inconsistency and duplicity t A mmlster 



( 32 ) 

is sent to the offending nation v/ith an olive branch, for the 
purpose of an amicable discussion and settlement of dilFer- 
ences, and before he has scarcely turned his back, we inv^ade 
the territories of that nation with an army of 50,000 men ! 
Would such conduct comport with the genius and princi- 
ples of our republic, whose true interest is peace, and who 
has hitherto professed to cultivate it with all nations f Would 
not such a procedure subje6l us to the just censure of the 
world, and to the strongest jealousy of those who have 
possessions near to us ? Would such a procedure meet 
the approbation of even our own citizens, whose lives 
and fortunes would be risqued in the confli6l ? And 
would it not be policy inexcusably rash, to plunge this 
country into war, to effe6l that which the President not 
only thinks can be effe6led, but is now actually in a train of 
negociation ? If, on the other hand, negociation should fail, 
how different will be the ground on which we stand. We 
stand acquitted by the world, and what is of more conse- 
quence, bv our own citizens, and our own consciences. 
But one sentiment will then animate and pervade the whole, 
and from thenceforth, we will take counsel only from our 
courage. 

But to induce us to depart from this proper, this safe, 
and honorable course of proceeding, which is pursuing by 
the President, the gentleman from Pennsylvania first, and 
the gentleman from Delaware again told you, that by such 
pacific measures you will irritate the western people against 
you, that they will not be restrained by you, but will either 
invade the country themselves, or withdraw from the Union 
and unite v/ith those who will give them v/hat they want. 
Sir, said Mr. B. I did not expe6l to hear such language held 
on this floor! Sir, the gentleman from Pennsylvania best 
knows the temper and views of the western people he repre- 
sents, but if he meant to extend the imputation to the state I 
ha\'e the honor to represent, I utterly disclaim it. The 
citizens of Kentucky value too highly their rights and cha- 
ra61er to endanger the one, or dishonor the other. They 
deal not sir, in inszwrections. They hold in too sacred re- 
gard iheir federal compact to sport with it. They were 
among the first to oppose violations of it, and will, I trust 
be the last to attempt its dissolution. The time indeed was 
when not only irritation but disgust prevailed in that coun- 
try ; when, instead of sending 50,000 men, to seize on 
Orleans, an attempt was meditated, and a solemn vote taken 
in Congress to barter away this right for "Zo years. The time 



( 33 ) 

indeed was, v/hen great dissatisfaction prevailed in that coun- 
try, as to tlie measures of the general government ; but it never 
furnished there, whatever it might have done elsexvhcre^ even 
the germs for treasons or insurrections. The people I have 
the honor to represent, are not accustomed to procure redress 
in this way. Instead of trampling on the constitution of their 
country, they rally I'ound it as the rock of their safety. But 
happily these times have passed away. Distrust and dissatis- 
faction have given place to confidence in, and attachment to, 
those in whom the concerns of the nation are confided. I ask 
no reliance on my opinion for this fact, but appeal to the me- 
morial of the legislature of Kentucky, to the present Congress, 
for the truth of this assertion. In this disposition of mind 
therefore, and from the sound sense and the correct vievv^s and 
discernment of their true interest, v/hich the people of Ken- 
tucky possess, I have no hesitation in pledging myself, that 
no such precipitate and unwarranted measures will be taken by 
them, as predicted by the gentlemen in the opposition. 

But he begged leave to ask gentlemen, vv^ho hold such lan- 
guage, would the vv^estern people, admitting they were to 
withdraw from the Union, be able to accomplish the object? 
Could they alone go to war with France and Spain ? Could 
they hold Orleans, were they to take possession of it without the 
aid of the United States ? Admitting they could hold it, what 
security v/ould they have for their commerce ? A single ship 
of the line would be able completely to blockade that port.... 
See also the Havanna, one of the safest and strongest of the 
Spanish ports, and so situated as to possess every advantage 
in annoying our commerce. Are the gentlemen therefore 
really serious, when they endeavour to persuade us, that the 
western people are in such a state of fury and mad impatience, 
that they will not wait even a few months to see the fate of a 
negociation, and if unsuccessful, receive the aid of the whole 
nation, but that they will madly run to the attack without a 
ship, vv^thout a single cannon, without magazines, without 
money, or preparation of any kind ; and what is worse, with- 
out union among themselves ; and what is still worse, in the 
face of the laws and constitution of their country ? It is impos- 
sible. Such a desperate project could not come to a success- 
ful issue ; for should they even obtain the right by their own 
exertions alone, they could not expect long to enjoy it in peace, 
without descending from that exalted, that enviable rank of one 
of the independent States of United America, to the degrad- 
ed, dependent condition of a colonial department of a foreign 
nation. F 



( 54 ) 

Although he thought it incumbent en us, for the rcn-'ons 
he had stated, to try the effect of negociation, yet, should that 
fail, he thought it incumbent on us also to be prepared ior 
another resort. He considered this right, and upon a diiTer- 
ent footing from what we ever enjoyed it, so all important, so 
indispensible to the very existence of the western states, that it 
was a waste of words and time to attempt to pourtray the evils 
which a privation of itsvould produce ; and he rejoiced to find 
that gentlemen with whom he had not been in the habit of vot- 
ing on most political subjects, so perfectly accord vv^ith him, 
that our precarious tenure of it must be changed. He hoped 
they W'fcre sincere in their declarations. ...If they were, the only 
difference between us now is, ivhat are the proper means to 
obtain this great end ? The course pursued by the President 
was, in his opinion, the only tioie and dignified course. It is 
that, and that only, which will certainly attain the object ; and is 
the only one which will tend to unite cordially all parts of the 
Union. But we ought to be prepared in case of failure, instant- 
ly to redress ourselves. This, instead of having an evil, would 
in his opinion, have a good effect on the negociation. It would 
shew, that although we are willing amicably to adjust our dif- 
ferences, yet that Ave are not only resolved on, but prepared 
for that resort which cannot fail to restore our violated rights. 
With that view, he would offer the following resolutions, as 
substitutes for those proposed by the gentleman from Penn- 
s}'lvania. 

He moved that the whole of the resplutions be struck out, 
excepting the word Resolved^ and the following be substituted 
in their place ......after the word " Resolved^'' 

" I'hat the President of the United States be, and he is 
hereby authorised, whenever he shall judge it expedient, to 
require of the executives of the several states, to talce effectual 
measures to organize, arm, and equip, according to law, and 
hold in readiness to march at a moment's warning, 80,000 ef- 
fective militia, officers included. 

Resolved^ " I'hat the President may, if he judges it ex- 
pedient, authorise the executives of the several states to ac- 
cept, as part of the detachment aforesaid, any corps of volun- 
teers ; who shall continue in service for such time, not ex- 
ceeding months, and perform such services as shall 
be prescribed by law. 

Resolved^ •■' That dollars be appropriated for 

paying and subsisting such part of the troops aforesaid, whose 
actual service may be wanted, and for defraying such other 
expenses as, during the recess of Congress, the President may 



( S5 ) 

deem necessary for the security of the territory of the United 
States. 

Resolved^ " That dollars be appropriated for 

erecting, at such place or places on the western waters, as the 
President may judge most proper, one or more arsenals." 

Mr. Dayton wished to know whether it was in order to 
introduce the substance of a resolution, though in difterent 
words, under the name of an amendment. 

Mr. Clinton. The extraordinary manner in which the 
subject now under consideration, has been introduced, the ex- 
traordinary manner in which it has been treated, and the ex- 
traordinary nature of the proposition itself, would justify a 
latitude and severity of remark, which, however, 1 am not 
disposed to indulge upon this occasion : I know that I address 
myself to a very respectable portion of the coUected'wisdona 
and patriotism of my country, I will therefore leave the ho- 
norable members from Pennsylvania and Delaware, (Mr. 
Ross ond Mr. White) in the undisturbed possession of their 
inflammatory appeals and declamatory effusions, and will 
manifest a becoming respect for the high authorit)^ to which I 
have the honor to speak, by moving on the ground of argu- 
ment and of fact. To prevent losing myself in so spacious a 
field, I will consider the subject under three distinct heads : 

1. The injuries aliedged to have been committed on the 
part of Spain. 

2. The nature, character, and tendency of the remedy pro- 
posed. 

3. Its justice and policy. 

The importance of a free navigation of the Mississippi 
has been duly appreciated by the government, and a constant 
eye has been kept upon it, in our negociations with foreign 
■powers. An attempt was indeed made under the old confede- 
ration, to barter it away for twenty-five years, which, howe- 
ver, was efficiently controlled by the good sense and patriotism 
of the government. By the treaty of peace with Great Britain 
in 1783. ...by the treaty of amity, commerce, and navigation, 
with her, in 1794.. ..and by the treaty of friendship, limits, and 
navigation Vvith Spain, in 17^5, the right of a free navigation 
of the Mississippi is recognized, and declared to exist from 
its source to the ocean, in the citizens of the United States. 
By the 22d article of the treaty with Spain, it is declared, 
That " In consequence of the stipulations contained in the 4th 
article, his Catholic majesty will permit the citizens of the 
United States, for the space of three years from this time, tp 



( 35 ) 

deposit their merchandize and effects in the port of New Or- 
leans, and to export them frcm thence without paying any 
other duty than a fair price for the hire of the stores. And h'ir, 
majesty promises either to continue this permission, if he finds 
during that time that it is not prejudicial to the interests of 
Spain, or if he should not agree to continue it there, he will 
assign to them, on another part of tht banks of the Mississip- 
pi, an equivalent establishnient." The 22d article granting 
the right of deposit, is, therefore, founded upon the 4th arti • 
cle recognizing the right of free navigation, and is intended to 
give full and complete ehFicacy to it. By a proclamation of the 
intendant of the province of Louisiana, dated the 16th of Oct. 
last, the right of deposit is prohibited. The reason assigned 
for this daring interdiction is, that the three years for which 
it was gi-anted, having expired, it cannot be continued with- 
out an express order frcm the king of Spain.... And at the same 
tjiffie no equivalent establishment is assigned according to the 
stipulations of the treaty. 

There can be no doubt but that the suspension of the 
right of deposit at New Orleans, and the assignment of another 
place equally convenient, ought to have been contemporaneous 
and concurrent.... that the conduct of the intendant is an atro- 
cious infraction of the treaty, and that it aims a deadly blow 
at the prosperity of the western states ; but it is extremely 
questionable whether it was authorized by the government of 
Spain or not. On this subject I am free to declare that I en- 
tertain great doubts, which can only be cleared up by the 
course of events, or perhaps it will ever be enveloped in dark- 
ness. On the one hand, the terms of the proclamation, indi- 
cating a misunderstanding of the treaty, the remonstrances of 
the governor of the provmce, whose authority does not extend 
to commercial and fiscal affairs, over which the intendant has 
an exclusive control, and the prompt and decided assurances 
of the Spanish minister near the United States, would induce 
a belief, that the act of the intendant was unauthorized. On 
the other hand, it cannot readily be believed that this officer 
would assume such an immense responsibilitv, and encounter 
an event so big with important consequences, not only to his 
country but to himself.... without knowing explicitly the inten- 
tions of his government. Such then is the true state of the 
Spanish aggression.. ..an important right had been secured to 
our citizens by the solemnity of a treaty..,. this right had been 
withdrawn by an officer of the Spanish government, and whe- 
ther this aggression was directed by it or not, is not as yet 



( 37 ) 

known. Other aggressions have indeed been stated by the 
honorable gentleman from Pennsylvania, (Mr. Ross) in order 
to darken the picture, and with the manifest design of exaspe- 
rating our feelings, inflaming our passions, and prompting 
an immediate appeal to the sword. That gentleman had men- 
tioned that gi-eat and unwarrantable spoliations have been com- 
mitted upon our commerce by Spain, and that redress is re-, 
fused. The depredations previous to the treaty of 1795, were 
satisfactorily provided for in it, and those subsequent are in a 
favorable train of negociation and adjustment. If it were 
permitted to me to draw aside the veil which covers our exe- 
cutive proceedings, I could establish to the satisfaction of 
every person present, that the honorable mover has wandered 
widely from candor and the convictions of his own knowlege, 
in his representations on this subject. I will at present con- 
tent myself Vv^ith giving an unqualified contradiction to his 
declarations, and do cheerfully appeal to the information within 
the power of every member of the senate, for the accuracy of 
my assertion. I am fully satisfied that the court of Madrid 
has not only entertained, but has manifested in her negocia- 
tions, every disposition to maintain inviolate the relations of 
amity with this country. When, therefore, the honorable 
mover proceeded to state that several of our citizens had been 
seized and imprisoned by the colonial authorities of Spain, I 
might ask, whether any government in the world pretended to 
protect her citizens in the violation of the laws of other nations ? 
Whether our citizens in the situation he has represented, had 
not been concerned in illicit trade, and in violating the laws of 
the Spanish colonies ? Instances may have indeed occurred 
where innocent persons have been unjustly dealt with, and 
whenever representations to this effect shall be m^ade to our 
government, I have no doubt but that ample redress will be 
instantly demanded and insisted upon. Nothing has been laid 
before us which can authorize the assertions made on this sub- 
ject.... Whenever such conduct shall be brought home to Spain^ 
and prompt and complete satisfaction denied, I shall then con- 
sider it the duty of the government to vindicate the rights of 
our citizens at all hazards.... and I cannot but congratulate the 
honorable mover, and the other side of the house, on the re- 
surrection of that aixlent zeal in favor of their oppressed coun- 
trymen, which has so long and so soundly slept.... over British 
and French enormities. 

As to the nature, character, and tendency of the reme- 
dy proposed, there can be but one opinion. It proposes to 



( 58 ) 

enter the country of a foreign nation ^yitJi a hostile force, and 

to seize a part of its territory It is not preceded by 2i formal 

declaration^ and cannot, therefore, come under the denomina- 
tion of a solemn ivar^ but it partakes of the character of a war 
7iot solemn.. .Ax. answers to the definition of war, by Burlama-» 
qui, " a nation taking up arms witli a view to decide a quar- 
rel j" to that given by Vattel, who represents it to be " that 
state in which a nation prosecutes its right by force." A state 
of general hostilities would as necessarily follow as an effect 
would follow a cause. ...no nation would submit to the irrup- 
tion of a hostile ai"my without repelling it by force. ...the proud 
Castilian, as described by the gentleman from Delaware, 
would revolt at the insult.. ..the door of negociation would be 
effectually closed, and as the appeal would be to arms in the 
first instance, so the controversy must be fuially decided by the 
preponderance of force. It would therefore not only have im- 
urcssed me with a more favorable opinion of the honorable 
mover's candor, but also of his decision and energy as a states- 
man, if he had spoken out boldly, and declared his real object. 
War is unquestionably his design.. ..his wish. Why then mask 
his propositions ? Why combine it with considerations con- 
nected with negociation ? Why not furnish the American peo- 
ple at once with the real and the whole project of himself and 
his friends ? If it is bottomed on patriotism, and dictated by 
wisdom, it need not shrink from the touch oi investigation.... 
it will receive their approving voice, and be supported by all 
their force. T'iie resolution is then to be considered as a war 
resolution.,., in no other light can jt be vievv"ed....in no other 
light ought it to be viewed. ,.,and in no other light will it be 
viewed by the intelligence of the countr}\. 

In this point ot view, I will proceed, said IMr. C. to 
consider its justice and policy, its conformity with the laws 
and usage of nations, and the substantial interests of this coun 
try. 

I shall not attempt to occupy your attention by thread- 
bare declamation upon the evils of war, by painting tlie cala- 
mities it inflicts upon the happiness of individuals, and the 
prosperity of nations. Ihis terrible scourge of mankind, 
worse than the iamine or pestilence, ought not to be resorted 
to until tvcrv reasonable expedient has been adopted to av"ert 
it. When aggressions have been committed by the sovereign 
or represeutaiives of the will ol a nation, negociation ought in 
all cases to be jfirst tried, unless the rights of self-defence de- 
paand a ccntrary course. This is the pr;)clice of nations, and 



( 59 ) 

is enjoined by tTie unerring monitor \rhicii the God of nature 
has planted in every human bosom. What right have die rulers 
of nations to unsheath the svv'ord of destruction, and to let 
loose the demon of desolation upon mankind, whenever ca- 
price or pride, amJoition or avarice, sludl prescribe ? And are 
there no fixed laws founded in the nature of things which or- 
dain bounds to the fell spirit of revenge, the mad fury of domi- 
nation, and the Insatiable thirst of cupidity? Blankind have 
not only in their individual character, but in their collective 
capacity as nations, recognized and avowed in their opinions 
and actions, a system of lav/s calculated to produce the great- 
est happiru:'ss of the greatest numbei'. And it may be safely 
asserted, that it is a fimdamental article of this code, that a 
nation ought not to go to war, until it is evident that the inju- 
ry committed is highly detrimental, and that it emanated from 
the ^vill of the nation charged v/ith the aggression, either by 
an express authorization in the first instance, or by a recog- 
nition of it v»hen called upon for redress, and a refusal in both 
cases to give it. A demand of satisfaction ought to precede 
an appeal to arms, even wlien the injury is manifestly the act 
of the sovereign ; and when it is the act of a private individual, 
it is not imputable to his nation, until its government is called 
upon to explain and redress, and refuses ; because the evils of 
war are too heavy and serious to be incurred, without the most 
urgent necessity.... because remonstrance and negociation have 
often recalled an offending nation to a sense of justice, and a 
performance of right.... because nations, like individuals, have 
their paroxisms of passion, and when reflection and reason 
resume their dominion, will extend that redress to the olive- 
Jiranch v/liich their pride will not permit them to grant to the 
sword. ...because a nation is a moral person, and as such, is 
not chargeable vrith an offence committed by others, or vv'herc 
its will has not been consulted, the unauthorised conduct of 
individuals beinrr never considered a iu^t ground of hostility, 
uncil their sovereign refuses that reparation tor which his right 
of controlling their actions, and of punishing their misconduct, 
necessarily renders him responsible. These opinions are sanc- 
tioned by the m^ost approved elementary writers on the laws of 
nations. I shall quote the sentiments of some of them. 

Vattel says : " Two things, therefore, are necessary to 
render it (an offensive war) just. First, a right to be asserted; 
that is, that a demand made on another nation be important 
and well grounded : 2d, That this reasonable demand cannot 
be obtained otherwise than bv force of arms. Necessitv alone 



( 40 ) 

warrants the use of force. It is a dangerous and tcnlble re- 
source. Nature, the common parent of mankind, allows of 
it only in extremity, and when all others fail. It is doing 
wrong to a nation to make use of violence against it, before 
we know, whether it be disposed to do us justice, or to refuse 
it. They who, without trying pacific measures, on the least 
motive run to arms, sufnciently shew that justificative reasons, 
in their mouths, are only pretences ; they eagerly seize the 
opportunity of indulging their passions, and of gratifying tlieir 
ambition, under some colour of right." It is subsequently 
stated by this admired v/riter, that " it is demonstrated in the 
forgoing chapter, that to take arms lawfully, 1. That we have 
a just cause of complaint : 2. That a reasonable satisfaction 
has been denied us, 8;c." 

Burlamaqui says, " However just reason we may have 
to make war, yet as it inevitably brings along with it an incre* 
dible number of calamities, and often injustices, it is certain 
that we ought not to proceed too easily to a dangerous ex-* 
tremity, which may perhaps prove fatal to the conqueror him- 
self. The following are the measures which prudence directs 
sovereigns to observe in these circumstances :...!. Supposing 
the reason of the war is just in itself, yet the dispute ought to 
be about something of great consequence to us ; since 'tis 
better even to relinquish part of our right, when the thing is 
not considerable, than to have recourse to arms to defend it. 
2. We ought to have at least some probaMe appearance of 
success ; for it would be a criminal temerity, and a real folly. 
Wantonly to expose ourselves to certain destruction, and to 
•run into a greater, in order to avoid a lesser evil. 3. Lastly, 
there should be a real necessity for taking up arms ; that is. 
We ought not to have recourse to force, but when we can 
employ no milder method of recovering our rights, or of de- 
tending oiu-selves from the evils with which we are menaced. 
These measures are agreeable not only to the principles of 
prudence, but also to the fundamental maxims of sociability, 
and the love of peace ; maxims of no less force, with respect 
to nations, than individuals. By these a sovereign must, 
therefore, be necessarily directed ; even the justice of the 
government obliges him to it, in consequence of the very nature 
and end of authority. For as he ought always to take paiti- 
cular care of the state, and of his subjects, consequently he 
should not expose them to all the evils with which v/ar is at- 
tended, except in the last extremity, and when there is no other 
expedient left but that of arms." In addition to these great 



( 41 ) 

piuthorkies, permit me to refer severally to the opinions of two 
more modern writers, Martens and Paley...The former says 
that all amicable means for redress must be tried in vain be- 
fore an appeal to arms, miless it is evident that it would be 
useless to txy such means... and the latter is of opinion that 
the only justif)ing causes of war are deliberate invasions of 
right, and maintaining the balance of power. It is not neces- 
sary to decide upon the justice of the last observation, because 
it does not apply to the case before us. ..But can any man lay 
his hand upon his heart and declare that he believes the present 
case a deliberate invasion of right by the Spanish government ? 
Can any man say, that it would be fruitless to attempt amicable 
means of redress, and that the sword alone can restore us to 
our rights ? 

I'he opinions of these celebrated writers are corroborated 
b}' the general usage of nations. A demand of redress before 
the application of force has been almost uniformly practised 
by the most barbarous, as well as the most civilized nations. 
Instances may indeed be found to the contrary, but they are 
to be considered as departures fr*om established usage. The 
ancient Romans who were a military nation, and who marched 
to empire through an ocean of blood, always demanded satis- 
faction from the offending nation before they proceeded to 
war, and fixed upon a certain time in which the demand was to 
be complied with.. .at the expiration of which, if redress was 
still withheld, they then endeavored to obtain it by force. It 
has been the general practice of the civilized nations of Eu- 
rope to promulge manifestos justificatory of their conduct, 
in resorting to arms, 'i hese manifestos contain a full state- 
ment of their wrongs, and almost always declare that they had 
previously endeavored by negociation to obtain a friendly 
adjustment of their complaints. ...What is this, but a declara- 
tion, that the law and the sense of nations demand this course ? 
What is it, but an appeal to the intuitive sense of right and 
wrong which exists in every human bosom ? The reign of the 
present king of Great Britain has been emphatically a war 
reign. In 1760 he ascended the throne and found the nation 
at war with France... besides his wars in the East and West 
Indies, almost half of his reign has been consumed in wars 
Y/ith this country and some of the nations of Europe. ..He has 
been three times at war with France... three times with Spain, 
twice v/lth Holland, and once v/ith the United States, The 
most strange events... events which have pleased and dazzled, 
astonished and terrified mankind, have passed upon the 

G 



( 42 ) 

theatre of the vv-orld i'n his time. ..The crdiiiar\' nir,xim<; oC 
policy, and the cardinal principles of action, have been re- 
versed and prostrated.. .The world has seen the revividof the 
crusades, all the great powers of Eurojie in arms, and a des- 
tro} ing and desolating spirit go forth, unknown to past times. 
Portentous as a portion of this reign has been, when a devia- 
tion from the established laws of nations inight naturally be 
expected, and degraded as the power and condition of Spairt 
is represented to be, I am willing to stake the vvhole conti'o- 
versy upon the reciprocal conduct of these governments to 
each other. Of all wars, one with Spain is tlie most popular 
in England, from the opportunities it alYords for maritime spo- 
liation, and lucrative enterprize....for the same reasons it is 
anxiously deprecated by Spain ; and it has even grov/n intQ a 
Spanish proverb, -' Peace with England, and war with the 
world," Notwithstanding the preponderating force of Great 
Britain,, the aUurements of popularity and cupidity, her great 
and extraordinary acquisition of maritime power, and the 
maitial temper which has marked her character during the pre- 
sent reign, we find the very power with whom we are now 
called upon to measure swords, meeting her propc/itions for 
negociation or arms on the ground of perfect equality, main- 
taining a steady posture, and an erect attitude, passing thro' 
her collisions with unspotted reputation and unsullied dignity, 
and teaching us an instructive lesson, that while we ought 
never to bend into degrading conxpliances, we are not to ex- 
pect that a nation which has not yielded improperly to the 
pov/er in the world most able to injure her, will tamelv sub- 
mit to the insulting and imperious measure recommended so 
earnestly to our adoption. Six controversies have occurred 
between Great Britain and Spain, during the reign of the pre- 
sent king.... three have terminated amicably by negociation, 
and diree hare resulted in war. In 1761, when Great 13ri- 
tain was at war with France,, a memorial was presented by 
the French, ambassador at London, to the English minister, 
which implicated some demands of Spain upon Great Britain, 
and which gave great offence to her mini5try..,^A negociation 
took place, which being attended with an insolent demand for 
a sight of a treaty concluded between France and Spain, and 
which being very properly refused, a war ensued. Notwith- 
standing the conduct of Great Britain in the course of. this 
transaction was precipitate and unjust, negociation was at- 
tempted before an appeal to arms. ...And the future disclosure 
ot the real transaction furnished her with a salutarv lesson ; 



( 43 ) 

I'ur it was afterwards found that the treaty did not refer to the 
existing state of the belligerent powers, but that the guarantee 
i^t contained was not to operate until the termination of the 
war. 

In the year ITTO the remarkable case oithe Faulkland 
Islands occurred. Six ) ears before a settlement was made 
and a fort erected by the British government on one of them, 
with a view to accommodate navigators in refitting their ships 
and furnishing them with necessaries previous to their passage 
thro' the Streights of Magellan, or the doubling Cape riorn. 
This settlement gave great umbrage to Spain, not onl\' upon 
account ol its interference with her claim of sovereignty to al- 
most the whole Southern Continent of America, and the ad- 
jacent islands, but also on account of the facility it would af- 
ford in case of a future waj*, to an attack upon her South-Sea 
Territoiies,.... Ineffectual remonsti^ances were made on the 
part of Spain, and at hist, notwithstanding the claim of Great- 
Britain by discovery and occupancy, an armed force vvas sent 
....the fort was taken. ...the settlement was broken up, and the 
honor of the British flag violated by the taking oft" of the rud- 
der of a king's ship, and detaining it on shore twenty days.... 
What course did the British pursue on this occasion : In this 
case the insult was flagrant.. .-the honor of their flag, the digni- 
ty of the crown, and the commerce of the nation were impli- 
cated. Was the sword immediately unsheathed, and the door ■ 
to peace efTectually closed ? No..,.Negociations ensued..,. a 
convention was formed,. ..Spain disavowed the violence and 
engaged to restore the possessions, but with an express decla- 
ration that the restitution should not affect the question con- 
cerning the prior right of sovereignty. ...The islands were also 
evacuated three years afterwards by Great Britain, in conse- 
quence of a secret agreement. 

In 1 779 Spain declared war against Great-Britain, alledg- 
ing unredressed depredations on htr commerce, and that she 
was insulted in an attempt to negociate between France and 
CTreat-Britain, It is evident that this step on the part of Spain 
was in pursuance of the family compact. ...and was not justifia- 
ble by the laws of nations. It appears, however, that previous 
to taking this measure, she had attempted to attain her objects 
by negociation. 

In 1786 the long disputes respecting the English settle- 
j-nents on the IVlosquito shore, and the coast of Honduras, were 
settled by negociation. The English abandoned their JVIos- 
quito settlements, and many hundreds of families who had in- 
habited them under the protection and faith of the British go* 



( ^* ) 

vernment, were peremptoi-ily compelled to evacuate that coun- 
try.. ..The boundaries of the English Honduras settlements 
were enlarged, but in such a manner as to leave Spain in full 
possession of her territorial rights and exclusive dominion. 

In 1790 the controversy about Nootka Sound arose 

two years before a settlement was made there by an associa- 
tion of British merchants, on land purchased from the natives 
with a view to carry on the Fur trade. This interfering with 
the chimerical rights of Spain, a Spanish frigate was dispatch- 
ed by the Viceroy of Mexico, which siezed the fort, and cap- 
tured the English vessels trading there.... a negociation took 
place, the vessels were restored, and the settlements agreed to 
be yielded back. ...but there was an express reservation on the 
part of Spain, of the right of sovereignty for ulterior discussion. 

In 1796 Spain, in pursuance of a treaty of alliance oflen- 
sive and defensive with France, declared war against G. Bi i- 
tain. From this short narrative it will appear that in almost 
every case negociation v/as attempted, even when indignity 
and violence had been committed. That in many instances it 
was successful.... that in tM'o of the three cases where hostili- 
ties were commenced, Spain was unequivocally the aggressor 
....that in most of her adjustments she stood upon ground at 
least equal, and in some superior to Great Britain. ...tha.t in all 
of them she maintained a high sense of character and inde- 
pendence, and that in points alfecting the most delicate consi- 
derations of national honor, interest and right, and where oc- 
currences of a very iiTitating nature had taken place, and more 

aggravated than the one of which we justly complain The 

path of negociation was deemed the path of honor, by tvvo of 
the great nations of Europe. 

The practice of our government has been uniformly con- 
formable with the principles I have endeavoured to establish, 
and I trust I shall be excused for bestowing particular consi- 
deration on this subject.. We have heard much of the policy of 
WASHiNGTON....it has been sounded in onrears from all quar- 
ters and an honorable gentleman from Delaware (Mr. 

White) has triumphantly contrasted it with that adopted by 
the present administration. I am not disposed to censure it 
in this case. ...on the contrary, I think it a high and respectable 
authority,... but let it be properly understood in order to be 
rightly appreciated, and it will be found that the United States 
under his administration, and that of his successor, have re- 
ceived injuries more deleterious, insults more atrocic^us, and 
indignities more pointed than the present, and that the pacific 



( 45 ) 

measure of negociation was prefered. If our national honor 
has survived the severe wounds it then received, it may surely 
outlive the comparatively slight attack now made upon it.... 
but if its ghost only now remains to haunt the consciences 
of the honorable gentlemen, who were then in pov/er, and who 
polluted their hands v/ith the foul murder, let them not attempt 
to transfer the odium and the crime to those who had no hand 
in the guilty deed. They then stood high in the councils of 
their country.. ..The reins of government were in thtir hands 
....and if the coui^se they at that time pursued, was diametri- 
cally opposite to that they now m'ge for our adoption.... what 
shall we say of their consistency ? What will they say of it 
themselves ? What will their country say of it ? Will it be be- 
lieved that the tinkling sounds and professions of patriotism 
which have been so vehemently pressed upon us, are the ema- 
nations of sincerity, or will they be set down to the account of 
juggling imposture ? Altho' but an infant nation, our career 

has been eventful and interesting We htxve already had very 

serious collisions with three of the most powerful nations ot 
Europe, who are connected with us by treaty, by neighbor- 
hood, and by commerce.. ..Great Britain, France, & Spain, have 
successively committed very great aggressions upon our nation- 
al rights In stating these I have no intention of reviving 

feelings which I trust have ceased with the causes which gave 
them birth, nor of aspersing the chai'acters of nations who cer- 
tainly hold the most important and respectable station in the 
civilized v.'orld. ..Our differences with Great Britain were 
coeval with the treaty of peace The detention of the West- 
ern posts was a direct violation of that treaty.. ..it diverted a 
considerable portion of the fur trade from the United States, 
and disabled us from bridling the hostile Indians, which was 
a source of immense injurv This evil continued for twelve 
years, under every circumstance of aggravation and insult.... 
British soldiers issued from those forts into parts of our terri- 
tory, where we exeixised jurisdiction, and seized the persons 
of deserters v/ithout the aid or sanction of the authorities ot 
the countr}', and these possessions served as asylums for the 
savages who were in hostile array against us.... and as store- 
liouses and magazines to supply them with arms, ammunition, 
and provis^.ions. The seat of government of Upper Canada 
was also held for a time at Niagara, in the State of New- York, 

an indignity of the most marked character many thousands 

of negroes were also carrricd off in violation of the treaty, and 
a very serious injury Y*as ther«by inflicted en the agricultural 



( 46 ) 

pursuits of our souihern citizens. On the other hand, it was 
stated on the part of Great Britain that the treaty was violated 
by the United States, for that impediments had been interpo- 
sed against the recovery of British debts by legislative acts and 
judicial decisions in several of the States. As there were 
mutual reclamations and reciprocal complaints, let us balance 

the account, and set oft these grievances against each other 

let us suppose that both parties acted right, and that no real 
cause of crimination existed, still I contend that the conduct 
of Great Britain, independent of the inexecution of the treaty 
of peace, was much more aggravated than the case l)efore us. 
It is well known that we were engaged in a bloody and 
expensive war with several of the Indian tribes.... that two of 
our armies had been routed by them, and that we were finally 
compelled to make great efforts to turn the tide of victory,... 
These Indians were encouraged and aided by the emissaries 
of Great Britain. ...British subjects were seen disguised fight- 
ing in their ranks, and British agents Avere known to furnish 
them with provisions and the implements of war. The go- 
vernor general of Canada, a highly confidential and distin-. 
guished officer, delivered a speech to the seven nations of 
LoAver Canada, exciting them to enmity against this counti-y ; 
but in order to furnish the savages at war with sufficient aid, a 
detachment of British troops penetrated into our territory and 
erected a Fort on the Miami River.. ..Here the Indians, dis- 
persed and defeated by Wayne, took refuge, and were pro- 
tected under the muzzle of British cannon. A violation of 
territory is one of the most flagrant injuries which can be of- 
fered to a nation, and would in most cases justify an irnmcr 
diate resort to arms, because in most cases essential to self- 
defence. Not content with exciting die savages of America 
against us. Great Britain extended her hostility to the eastern 
hemisphere, and let loose the barbarians of Africa upon us.... 
A war existed at that time between Portugal and Algiers.... 
The former blocked up the mouth of the Streights, by her su- 
perior naval force, and prevented the pirates from a commu- 
nication Avith the Adantic. Portugal has been for a long time 
subservient to the vieAvs of (jreat Britain.... A peace was eftect- 
ed through the mediation of the latter., ..Our unprotected mer- 
chantmen were then exposed, Avithout defence, to the piracies 
of Algiers. Thus in three quarters of the globe Ave at one time 

felt the eifi;cis of British enmity In the mean time our com- 

Tnerce in every sea Avas exposed to her rapacity.. ..AH France 
was declared in a state of siege, and the conveyance of provi^ 



( 47 ) 

slons expressly iatcrJicted to neutrals.... Paper blockades were 
substituted ior actual ones, and the staple commodities of our 
country lay perishing in our storehouses, or were captured on 
the ocean, and diverted from the lawful proprietors,... Our 
seamen were pressed wherever found. ...Our protections were 
a subject ot derision, and opposition to the imperious man- 
dates of their haughty tyrants, was punished by famine or by 
stripes..,. by imprisonment or by the gibbet.. ..To complete the 
full riieasure of our wrongs, the November orders of 1793 
were issued; our ships Avere swept from the ocean, as if by 
the operation of enchantment. ...hundreds of them were cap- 
tured. -..almost all our merchant'o were greatlv injured, and 
many of them reduced to extreme poverty. These proceed- 
ings, without even a pretext, without the forms of justice, 
without the semblance of equity, were calculated to~ inflame 
every American feeling, and to nerve every American arm...- 
Negociation was however pursued, an envoy extraordinarily in 
evexy sense of the word, was sent to demand redress, and a 
treaty of amity, commerce, and navigation, was formed and 
ratified. ...These events took place under the administration 
of Washmgton. The Spanish treaty, concluded on the 27th 
October, 1 795, stipulated for a settlement of boundaries, and 
an adjustment of spoliations on commerce, and contained a 
declaration of the free navigation of the Mississippi, and a 
grant of the privilege of deposit at New Orleans. ...This treaty 
for more than two years afterwards, was not executed on the 
part of Spain, In January, 1798, a report was made to 
Mr. Adams, by Mr. Secretary' Pickering, and submitted to 
Congress, which charged Spain with retaining her troops 
and garrisons within the United States, v/ith evading to 
run the boundary line, with stoppmg, controlling, and re- 
gulating the passage of our citizens on the Mississippi, and 
v/ith sending emissaries among the Indians residing within 
our territories, in violation of the treats' and the relations 
of amity. Here then, a treaty securing the important benefit 
of deposit, was in a state of inexecution for a long period.... 
Our citizens were also interrupted in the free navigation of 
the Mississippi, and other aggressions, afl'ecting our territo- 
rial rights, and our internal peace, were superadded. Was it at 
th?J- time proposed by the honorable gentlemen who were then 
hi power, as it now is, when they are deprived of it, to seize 
New Orleans with an armed forte ? Were they then so feel- 
ingly alive to the wrongs of our western brethren? Did they 
manifest that irritable sensibili*. v for national honor which is 



( 48 ) 

now liuuKlovrd in our cars witli such extraordinary emphasis? 
If it is right lor us to act now in the way they propose, Avhut 
will excuse them lor not pursuing the same s)-stem dien ? Was 
their political vision darkened hy the eminence on which they 
stood ? And does it require the ordeiil of adversity to open 
their eves to a true sense of tlicir country's honor and interest ? 
I^et them answer to their constituents, to their consciences, 
and to their C^od. 

An aniicahle explanation was had with Snain, and our 
wrongs v.'ere satisfactorily redressed. This took place in the 
administration of jNIr. Adams, and when most of the honora- 
ble gentlemen who support this war resolution, except such 
as were d;mgling in the covu'ts of Europe, held prominent sta- 
tions in the coimcils of the countv}". 

Our diflerences with France were of a more serious na- 
ture, and of a longer duration, Tiiey commenced in the ad- 
ministi-ation of jNir. Washington, and were adjusted in that 
of his successor. Great and enormous depredations w'ere 
committed upon our commerce by France, and our meixhants 
were fraudulendv robbed of compensation for provisions sup- 
plied her in the hour of distress. The treaty and consular 
coiwention were violated. The right of embassy, a sacred 
righ.t, respected even by the ferocious savage, was wmitonly 
trampled upon ; and the representative of our national sove- 
reignity was refused a reception, and igiiominiously ordered 

out of France. A fresh attempt at negociation was made 

tliree ministei-s were sent, armed with all the powers, and 
clodied with all the honors of diplomacy.. ..They were also re- 
fused a hearing, and were forced to leave the country without 
experiencing tiie forms of common civility. The treaty was 
then annulled, and reprisJlls directed ; :md when the honorable 
gentlemen and tlieir friends, then in power, had worked up 
the passions of the nation to tlie highest pitch of exasperation 
....when war, bloodv war, was expected from all quarters.... 
when the war-worn soldiers of the revolution were girding on 
th.eir swords, and preparing to stand between their country and 
the danger that menaced her, tlie scene suddenly chimged ; 
the black cloud passed away ; and we again beheld three mi- 
nisteT"s at Paris, extending the olive-branch, burning all ani- 
mosities, and retiu-ning witli a treaty of ''j?r.*?i, inviolable, r.v?</ 
vnivrrsal prace^ and true arut .<inccre friencfshipy I shall 
not pi-ess this subject any furtlier upon the feelings of the ho- 
norable gentlemen....! read in their countenances the emo- 
tions tliey experience. 



( 49 ) 

I have ihus shewn that the course recorampnde J for our 
adoption, is not warranted by the laws and usage of nations, 
nor by the practice of our government. I shall now examine 
whether it is not repugnant to the best interests of the coun- 
try. 

A vast augmentation of our national debt would be the cer- 
tain consequence of this measure. It is a moderate estimate to 
say, that our annual expendlturer, over and above our surplus 
revenue, would be 20 millions of dollars ; and we cannot rea- 
sonably expect that the war would continue a shorter period 
than live years. Hence 100 millions would be added to our 
debt, and the great experiment which wc are now trying of 
extinguishing it in fourteen years, would certainly fail.. ..An 
experiment which has been defeated in Europe, by war and 
prodigality ; and for the success of which, in this country, 
every friend of republican goverament looks up with the great- 
est anxiety. But this is not all.. ..Heavy and oppressive tax- 
ation would be necessary, in order to pay off the interest of the 
accumulating debt, and to meet the other exigencies of govern- 
ment. We are now a happy nation in this respect. Neither 
the temper nor the habits of our citizens will patiently submit 
to severe burdens, and happily the posture of our financial 
arrangements does not require them. Give the rein, howe- 
ver, to chimerical notions of war.... Embrace the proposition 
nov/ submitted to us, and the weight of your impositions will 
be felt in every nerve and artery of our political system. Ex- 
cises, taxes on houses and lands, will be reintroduced, and. 
the evils of former administrations will be multiplied upon us. 

But the mischief will not stop here with the encreasing calls 

for money from the people, their nieans to satisfy them will 
be diminished.. ..The superior naval force of the enemy would 
cripple our commerce in every quarter of the globe.... Great 
Britain and Spain hold the keys of the Mediterranean.... We 
should therefore be entirely shut out of that sea, unless we 
could persuade the former to unite her exertions with ours. 
With the decay of our commerce.. ..with our exclusion from fo- 
reign markets, the labors of our farmers w^ould be palsied..., 
the skill of our manufacturers would be rendered useless.... 
and with the fruits of th.;;ir industry perishing on their hands, 
or gi-eatly undersold, how would they be able to meet the 
augmented v/ants of government ? What in the mean time 
would become of the claim of our merchants upon Spain, for 
at least five millions of dollars, and to what perils would your 
commercial cities be exposed ? These certain evils would be 

H 



( 50 ) 

encountered, w ithoutproducing the least benefit to our we:u- 
crn 1 rethren....Thc seizure oi New Orleans would vest uj^- 

with a place of deposit Init a place of deposit, without the 

free navigation of the Mississipi)i, would l)e entrrelv useless* 
As long as the enemy holds the country below New Orleans, 
and possesses a superior naval force, so long we will be ex- 
cluded from the Mississippi. Suppose, however, this obsta- 
cle removed. ...suppose we are enabled to pass into the Gu\i\ 
without molestation, is it not necessary for vessels to hug the 
island of Cuba, on their passage to the Atlantic states ? And 
will not this expose them to certain capture, as long as Spain 
retains that important possession. To secure the gieat object 
said to be aimed at by this resolution, and to establish beyond 
the reach of annoyance, a free communication between the 
Atlantic and western states, w^e must seize not only New 
Orleans, but the Floridas and Cuba ; and v»'e must immedi- 
ately create a formidable navy. It is needless to mention that 
the Atlantic states are, with a few exceptions, the caiTrers of 
the western produce....Three fourths of that trade is ma- 
naged by the merchants of the state I have the honor 
to represent. I therefore view this measure as pregnant 
with gi-eat mischief to the commerce of Atlantic America, 
and as a certain exclusion of the western states from market, 
as long as the war siiall continue. 

It is no slight objection in the minds of the sincere friends 
of republicanism, that tliis measure will h.ave a tendency to 
disadjust the balance of our govei-nment, by strengthening the 
hands of the executive, furnishing him with extensive patron- 
age, investing him with gi'eat discretionary powers, and placing 
under his direction a large standing army. It is the inevita- 
ble consequence of war in free countries, that the power which 
w^eilds the force will rise above the power that expresses the 
will of the people. The state governments will also receive a 
severe shock.. ..Those stately pillars which support tlie mag- 
nificent dome of ovu- national government, will totter under 
the increased weight of the supei-inciimbent pressure. Nor 
will the waste of morals. ...the spirit of cupidity.... the thirst of 
l)lood, and the general profligacy of manners, which will fol- 
lov/ the introduction of this measure, be viewed by the great 
body of our citizens, without the most fearful anxiety, and 
the most heartfelt deprecation. And if there are any persons 
in this country, and I should regret if there are ar^y such in this 
house, who think that a public debt is a public blessing, and 
tliat heavy taxation is expedient in order to produce industry 



C 51 ) 

_.-.\vho believe that Uirge standing armies are essential te 
j-naintain the energy, and that extensive patronage is indispen- 
sible to support the dignity ot" governRaent.,..\vho suppose 
tliat frequent v/ars are necessary to animate the human cha- 
racter, and to call into action the dormant energies of our na- 
ture... .who have been expelled from authority and power by 
the indignant voice of an offended country, and who repine 
and suffer at the great and unexampled prosperity which this 
country is rapidly attaining under otlier and better auspices.... 
Such men, whoever they are, and ^vherevt.'r they be, will rally 
round the proposition now before us, and will extol it to the 
heavens, as the model of the most profound policy, and as the 
offspring of the most e:^alted energx*. 

If i were called upon to prescribe a course of policv most 
inportant for this country to pursue, it would be to avoid Eu- 
ropean connections and v/ars. The time must arrive v/hen 
we will have to contend with some of the great powers of Eu- 
rope, but let that period be put off as long as possible. It is 
our interest and our duty to cultivate peace, with sincerity and 
good faith. As a young nation, pursuing industry in every 
channel, and adventuring commerce in every sea, it is highly 
important that we should not only have a pacific character, but 
that we should really deserve it. If we manifest an unwar- 
rantable ambition, and a rage for conquest, we unite all the 
great powers of Europe against us. The security of all the 
European possessions in our vicinity, will eternally depend, 
not upon their strength, but upon our moderation and justice. 
Look at the Canadas....at the Spanish territories to the south 
,,..at the British, Spanish, French, Danish, and Dutch West 
India Islands,.., at the vast countries to the west, as far as 
"vvhere the Pacific rolls its waves. Consider well the eventfui 
consequences that would result, if we were possessed by a 
spirit of conquest. Consider well the impression which a 
nianifestation of that spirit v/ill make upon those who would 
be affected by it. If v/e are to rush at once into the territory 
of a neighbouring nation, with fire and sword, for the mis- 
conduct of a sviliordinate officer, will not our national charac- 
ter be greatly injured;' Will we not be classed with the rob- 
bers and destroyers of mankind? "Will not the nations of 
Europe perceive in this conduct the germ of a lofty spirit, and 
an cnterprizing ambition which will le\'el them to the earth, 
when age has matured our strength, and expanded our powers 
of annoyance. ...unless they combine to cripple us in our infan- 
cv? M?-y not the consequences be, that we must look out for 



( 52 ) 

a naval force to "protect our commerce.... that a close alliance 
will result ...that we will be thrown at once into the ocean ot 
E-ropean politics, where every wave that rolls, and every 
wind that blows, will agitate our bark? Is this a desirable 
state of thiigs? Will the people of this country be seduced 
into it by all the colorings of rhetoric, and all the arts of so- 
phistry. '...by vehement appeals to their pride, and artlal ad, 
chesses to their cupidity? No, sir. Three fourtns ox the 
American people, I assert it boldly and without tear of con- 
tradiction, are opposed to this measure. And would you 
take up arms with a mill-stone hanging round your neck, 
How would you bear up, not only against the force of the ene- 
my, but against the irresistible current of public opinion, i ne 
thing, sir; is impossible ; the measure is worse than madness 
it is wicked, beyond the powers ot description. ^ 

It is in vain for the mover to oppose these weighty con- 
siderations, by menacing us with an insurrection of the wes, 
tern s- ates, that may eventuate in their seizm-e of New Orleans 
without the authority of goveramem.... their throwmg them- 
selves into the arms of a forcig-n power....or m a dissolution 
of the Union. Such threats are doubly improper-improper 
as they respectthe persons to whom they are addressed, because 
we are not to be terrified from the performance of ov;r cuty, 
by menaces of any kind, from whatever quarter they may pro- 
ceed • and it is no less improper to represent our western 
brethren as alawless unprincipled banditti, who would at once 
release themselves from the wholesome restraints ot law and 
order, forego the sweets of liberty... and either renounce the 
blessings of self-government, or like the Goths and Vandals, 
pour down with the irresistible force of a torrent upon the 
countries below, and carry havoc and desolation in their 
train A separation by a mountain, and a difterent outlet into 
the Atlantic, cannot create any natural collision between the 
Atlantic and western st:ites...on the contrary, they are bound 
together by a community of interests, and a similarity ot lan- 
cua-e and manners; by the ties of consanguinity and friend- 
shM? and a sameness of principles. There is no reflecting 
and well principled man in this country, who can view the 
severance of the states without horror, and who does not con- 
sider it as a Pandora's box which will overwhelm us with 
every calamity : and it has struck me with not a little astonish- 
ment, that on the agitation of almost e^'ery great political 
question, we should be menaced with this evil. Last session, 
when abillrepeaUng a judiciary act was under consideration, 



( S3 ) 

we were told that the eastern states would withdraw thein, 
selves from the union, if it should obtain ; and we are now 
informed, that if we do not accede to the proposition before 
us, the western states will hoist the standard of revolt and dis- 
member the empire. Sir, these threats are calculated to pro- 
duce the evil they predict, and they may possibly approximate 
the spirit they pretend to warn us against : they are at all 
times unnecessary.. .at all times improper.. .at all times mis- 
chievous. ..and ought never to be mentioned within these 
walls. If there be a portion of the United States pecuUarlij 
attached to republican government and the present adminis- 
tration, I should select the v/estern states as that portion. 
Since the recent elections, there is not a single senatoi', or a 
single representative in congress, from that vast country, un- 
friendly to the present order of things, and except in a part of 
the Mississippi Territory, and its whole population did not 
by the last census reach nine thousand souls, there is scarcely 
the appearance of opposition. To represent a people :,o re- 
publican, so enlightened, and so firm in their principles, as 
ready without any adequate cause, (for no government could 
watch over their interests Vi'ith more paternal solicitude than 
the present upon the present question,) to violate their plight- 
ed faith and politi ;il integrity... to detach themselves from the 
government they love, and to throw themselves under the pro- 
tection of nations, whose political systems are entirely repug- 
nant to their own, requires an extent of credulity rarely 
equalled.... certainly never surpassed. If we examine the 
indications of public sentiment which have reached us, we see 
them breathing quite a contrary spirit. The legislatures of 
Kentucky and the Mississippi Territory, have expressed full 
confidence in the conduct of the government, respecting the 
intraction of the treaty : Virginia, which embraces a respecta- 
ble portion of western population, has done the same. The 
legislature of Tennessee has not been in session, but from the 
most recent and authentic accounts, we have every reason to 
believe that that state &. the Indiana Territory are entirely sa- 
tisfied with the position our government has taken. The infant 
state of Ohio has presented us with an address couched in the 
warmest terins of affectionate attachment... equally honorable 
to her and to us ; and her recent elections have manifested the 
same decided spirit : out of forty-five members returned to 
her first legislature, there are only five to be found in the op- 
position. Pennsylvania is the only remaining state which pos- 
sesses anv western territQrv„..and I need onlv refer vou to her 



( 5^ ) 

cJcctiofts, to demonstrate the extraordinary attachment to tho 
government which prevails in that great and respectable state. 
In tht next congress there will not be a single member in op- 
position from Pennsylvania, and her state elections have been 
attended with nearly the same distinguished unanimity. Under 
the influence of such honorable principles, and under the aus- 
pices of the great character who so deservedly holds the reins 
of her government, and so extensively possesses the confidence 
of his fellow citizens, we have nothing to apprehend on her 
part from the evils wdth which v/e have been so liberally me- 
naced. Delaware, who has no western country, who carries 
on little or no trade with the Avestern states, and who has no 
immediate interest in the present question, has indeed lifted 
up her voice against the measures of the general administra-- 
tion, and has deijianded a more energetic course, I shall be 
the last man to speak disrespectfully of any of the state go- 
vernments....! mean not to disparage the conduct of Delaware, 
and I trust I do not, when I say that New York, Avbich has a 
greater interest in the Spanish infraction than any of the At- 
lantic siatcs, is entitled to equal attention ; and she has, thro' 
her legislature and executive, declared her warmest approba- 
tion of the course pursued by the general government on this 
interesting occasion. 

It is equally in vain for the honorable mover to declare 
that the seizure of New Orleans xv'dl facilitate negociatioi^ and 
avert ivai;...that rue rvill lose our character if ~ve do not.,. .that 
delay Tui II give Spain time to prepare. ...that our executive has 
taken 710 course that lue hwiv cf... and that the opposition ivi II 
lend V.S their aid if xve folloiv their advice. In opposition to 
these suggestions, we say that the seizure of New Orleans is 
war in fact, and will shut out negociation ; iliat character is to 
be lost, not by fura and honqrable moderation, but by rash and 
boyish prcc'pitation ; that delay is an evil that cannot be a\oid- 
<:d, if we pursue the path of negociation, which is the course 
our government has taken, and that if it gives our adversary 
time for preparation, it will also furnish us w-ith the same ad- 
\ antage ; that however desirable it may be to produce an luiion 
of sentiment and action among our fellow citizens, v, e are 
•cerlain that it will not result from the adoption of the present 
measure j that the gr^at body of the people will consider it 
rash and unjust ; and that in gaining the transient and doubt- 
ful fiupj)f>rt of a rrnall minority, vre will alienate the aftections, 
ruid lose the coniidence of our best friends, who will certainly 
desert us when we desert the laudable principles wliich ought, 
alone to entitle u; tc their C5tcca:i and attachment. 



( 55 ) 

If negoclation si lull prove successful, and ofiliib I have 
iio doubt, all the evils resulting from WLir vi'.l be averted : 
If, on the contrary, it shall evcatuiite unlbrtunately, and wt 
sliall be compelled to lace all consequences, and risk all dan- 
gers in the maintenance of our national honor and national 
rights, great and abundant advantages will still result from 
the pursuit of this course, and we will be enabled to appeal to 
the sword, with a full conviction of the justice of our conduct 
....with the unanimous sullVage of our country, and to the 
perfect satisfaction of the world. In the mean time, we tan 
form some necessary preparations, and we can ascertain the 
feelings and bearings of foreign governments. Every day of 
procrastination will find us better prepared, and will give as 
more people, more resources, more treasure, more force.... 
with less debt. Our national character v/iil stand h.igh lor 
moderation and justice ; our own citizens, and foreign na- 
tions, will entertain but one opinion on the subject ; and we 
can then confidently appeal to that great and good being, who 
holds in his hands the destiny of nations, to smile upon our 
cause.*. .but, if in the inscrutable decrees of his providence, it 
is ordained that \vc must perish, we will at least fall with dig- 
nity, and maintain our character when we lose our existence. 

Mr. Dayton rose to answer the interrogatories which 
had been so vauntingly put by the lionor?ble member irom N. 
York, (Mr. Clinton,) He had asked, Where were those 
gentlemen, \A\o now advocate these strong resolutions, in tliat 
day when the British were conimitting their depredations 
upon our property, so lately as in 1 7 94 f For one, said Mr. 
'D. I can answer. I was at my post in the other Iiouse, 
Rnd the advocate of measures as strong, nay, stronger than 
those now proposed. I believed then, as I now do, that if 
the appointment of an envo\' extraordinary could be follo^red 
by preparations for war in case of failure, it would contri- 
bute, not merely to the success of a negociation, but also to 
the goodness of the terms. Why did not the gentleman from 
New York carry his enquiries back to the far more gloomy 
and trying times of 1 TjC) ? Had he asked where we then were, 
said Mr. D. I could have told liira that we, or some of us at 
least, were employed in liis own state, upon the interior fron- 
tiers, defending the very people whom he now represents, 
from the irruptions of savages, and the devastation of an ene- 
my. Where was then this honorable interrogator himself : 
Doubtless in some place of safct}', perhaj5S dano;l:ng on thr 
knee of the mother, or probably still in the egs^-sliel!. 



( 56 ) 

To what do all such questions tend ? Certainly not to 
elucidate the subject, nor to conciliate parties. The long list of 
extracrdinaries^ with which the honorable gentleman from N. 
York had introduced his argument, must have'excited the ex- 
pectation that his speech would partake of the same quality. 
Severe in his strictures upon declainiers, his own language was 
that of declamation. ...reprobating asperity in debate, on the 
part of others, he had indulged himself in a style little decorous 
or becoming, and exhausted against his opponents his full cup 
ol bitterness. He had declared, with a boldness of assertion 
liot unusual to him, that the resolutions under consideration, 
contained declarations of war : But this was not the fact : 
They were merely intended as preparations for an event Vv'hich 
some regai"d as inevitable, and all believe to be too proba= 
ble. They went, indeed, to shew, so far as declarations 
could do it, that the legislature of the country know our 
rights and will defend them, and that those of die most dis- 
tant of our citizens are as dear to us as the nearest. For the 
people of the v/estem country, said Mr. D. I have long enter- 
tained an affection. This affection has not been confined to 
professions only ; for during the twelve successive years for 
which I have had the honor of a seat in the two branches of 
the national legislature, my votes will shew that I have been 
uniform in my exertions to promote the security, growth, and 
happiness of that people. I have, indeed, regarded them 
among the most meritorious portions of our citizens, because 
to them, we v/ho sat in ease and security, were indebted for 
extending our settlements into the wilderness, protecting an 
exposed frontier, and for enhancing the value of our territo- 
rial possessions ; and because, but for them, but for their en- 
terprize, their courage, and their industry, the waters of one 
of che finest rivers in the world v/ould still flow useless to the 
ocean, or at least, without use or profit to the Atlantic states 
represented on this floor. These facts acknowlegcd, I ask 
whether Ave are not bound by the strongest moral and political 
obligations to make v/ith these people a common cause, to 
feel their injuries as our own, and to avenge insults ofiered to 
them, as it directed immediately against ourselves. What is 
their present situation? or rather let me ask, what arc their 
grievances and complaints, and v>/hat have v/e done to redress 
them ? The state of that country has been depicted by the se- 
nator from Penns}lvania, (Mr. Ross) in colours high indeed, 
and lively, but most true and just. Whilst he proved that he 
felt for his brethren and remembered them,..,.whilst he des- 



( ^r ) 

cribed tlieir wrongs and suHcrinjj;'; in language the most ani- 
mated, glowing, and impressive, he did not forget the tem- 
per which beciime him as a senator, nor the great line of 
policy which, as a represcntativeof the whole Union, it behov- 
ed him to regard. He told you, sir, what indeed you hear with 
every western wind and western n^iUil, that the great and only 
outlet for the productions of nearly half a million of people, 
was closed upon them, or placed under such prohibitions as 
to render the navigation of the river almost useless, and that 
unless immediate relief were aiibrded ihem, their property 
would waste and perish on their hands. Their only resources 
for pajdng their obligations to the public, and their debts to 
individuals, vrould fail, and the little real property they had 
acquired, would be sacrificed to make good the deficiency. 
These, sir, are not imaginary evils, but real : they are not confin- 
ed to the inhabitants of the western v/aters, but extend, in their 
effects, to every part of our country. Allow me here to give 
a faint idea of the importance of the trade of that country, by 
reading extracts from a communication made to me, from a 
source in vv^hich I confide, and which is in a great measure 
drawn from official documents. 

[Here Mr. Dayton read a paper to shew that three articles 
only of American produce, entered at New Orleans in 1801, 
(as taken from their custom-house books) amounted to one 
million, six hundred thousand dollars. These were cotton, 
tobacco, and flour ; and that the other nine or ten principal 
articles of export from thence, in that year, would have 
swelled the whole to nearly four millions, but now would 
certainly exceed it. It further appeared, officially, that 
from the 1st February to 10th June, 1802, 150 vessels of 
from 100 to 300 tons, cleared at the custom-house of New 
Orleans, and that 80 vessels more of from 200 to 300 tons 
were necessary to take off the produce then In store.... 
That the state of Tennessee produced one fourth, or one 
million of it.] 

Thus then we see, said Mr. Dayton, that property 
amounting to four millions, annually exported in the first six 
months of the year, is to be embargoed at the will of a foreign 
government, or the caprice of a Spanish intendant, or, if per- 
mitted to pass at all, permitted vider such restrictions and im- 
positions as to take away all the profit of transportation, and 
render it scarcely worth the raising. 

What have we done to remove the obstruction, and re- 
dress tlie wrong ? We have t>ent a miniate r itcnerantfrQm Pans 



( 58 ) 

to Madrid^ and from Madrid to Paris, to negociate upon the 
subject. There may be precedent for this : there may be 
courtesy in the measure ; but what are precedents, what are 
the forms of comtly pohteness, to an injured, an outraged, a 
starving people ? 

I have thus far confined myseh^, said Mr. D, to the in- 
jury, as relating to the interests of the countiy ; but is nothing 
due to the digniti/ and honor of the nation most grossly insult- 
ed by the act ? Let them who will be the dupes of the artful, 
insidious insinuation that it is an unauthorized act, an irregu- 
lar proceeding of a subordinate officer of a government which 
can punish, with banishment or instant death, the smallest 
diviation from duty. I do not believe the tale : I never be- 
lieved it : and a late official act must undeceive all, whose 
minds are not shut to the impressions of truth. A late pro- 
clamation issued from Baton Rouge, a Spanish port 150 miles 
above New Orleans, prohibits all intercourse between Spa- 
niards and Americans. Our people descending the river, in 
pursuit of lawful commerce, are forbidden to buy an egg 
or a mess of salt, or any comfort of life, from the possessor 
of the banks, in the long, dreary distance of 270 miles. This 
proclamation is issued from their highest post, that it might ex- 
tend more certainly and rapidly into eveiy settlement ; and 
thus our brethren, without provocation on their part, are cut 
off from those comforts, which in all countries are granted to 
all but open enemies. Will gentlemen call this also the unau- 
thorized act of a Spanish intendant ? The irregular proceeding 
of a commandant of a Spanish post, or petty lord of Grandpre i 
This act was more offen3i\e and more insolent than the other, 
because it inflicted upon us a more serious injury, v/ithout the 
slightest pretext of benefit to themselves. 

Sir, said .Mr. D. there was a time, when, if the poorest 
individual among us could say to his brethren and his govern- 
ment, " / am an American citizen, and have been insulted as 
siich,''^ he would have been listened to with interest, and poor 
and humble as he might have been, the dignity of the country 
would have been considered as in some measure represented 
and attacked in him, and its spirit roused to resent the insult. 
But there is a ti?ne, when, I fear, we are about to turn a deaf 
ear, or at least to listen with apathy, to the injuries inflicted 
upon half a million of our citizens, and the insults offered to 
the whole nation. I will not say that we are about to act as if 
honor, rights, and dignity may be graduated by a scale of cents 
and dollars, and even our liberties and independence have 
their price j but I will freely say, that tame submission to a 



( 59 ) 

single insult, leads, imperceptibly, to such a result.. ..inevita- 
bly, to degradation.. ..and necessarily to ruin. 

It has been fashionable of late, Mr. President, with cer- 
tain gentlemen, who make a boast of their ovv^n loyalty, to 
charge us, who compose what is called the minority, with hos- 
tility towards the administration, and a \'/ant of confidence in 
the chief. Without deeming it necessary to deny or admit, 
in argument, such charges loosely made in the wantonness of 
debate, we are now prepared to submit ourselves, with them, 
to the touchstone of acts. If they believe that we distrust the 
management of our affairs, they will give us the more credit 
for sacrificing all personal or party considerations, when the 
good of our country requires unanimity. We are prepared 
to delegate the power and ihe means to defend, assert, and 
enforce our rights, to those hands which are pointed out by 
the constitution, as the proper depository of so great a trust. 

These resolutions are not absolutely imperative : the 
President may either use or forbear to use them, as he may 
think best for the public good. They amount to no declara- 
tion of war, but may save us from that calamit}^, by authoriz- 
ing preparations for it. They cannot injure, but may aid 
your negociation, and will show to our own countrymen, as 
well as to the world, that our reliance is placed, not- on th« 
soft glittering metals of Mexico and Peru, but on the harder 
metal of our ov/n mountains. 

Mr. Cocke. Mr. President, the gentleman from New 
Jersey has said, that my friend from New York had furnish- 
ed a dish for every palate. ...the gendeman should except his 
own, for it seems not to agree with him ; his dish has been 
long filled v/ith very different ingredients ; he seems to have 
no relish but for war, havoc, and destruction... .his constant 
food has been standing armies and strong naval establish- 
inents, with the offices and contracts attached to them. But 
how can the gentleman, as a lawyer, pretend to be so igno- 
rant. (Mr. Dayton exclaimed that he was no lawyer, nor 
never was.) The gentleman, he had always understood to 
be a lav/ character, but it was very certain, he was no politi- 
cian ; his experience, however, could not have left him ig- 
norant of the meaning of the resolution.... for he must have 
known that the words maij and shall are often considered in 
law as of the same force, particularly where they are used in 
defining authority to public officers:- the resolutions, in this 
sense, would leave the executive no choice, but would make 
it, as it were, his duty to go and take New Orleans* 



( 60 ) 

The gentleman from Pennsylvania has paid very higli 
compliments to that parr of the country which he had the ho- 
nor to represent : He tells us of our militia, of our spirit, and 
of our tam.ing the wilderness: but v/ith all this eagerness for 
invasion by our militia, he does not offer us a single man from 
his ov."n state. ...he cannot ta^ce upon him to say the people of 
Pennsylvania approve so much of his opinions as to go a sin- 
gle step with him, though Pennsylvania is as m»uch interested 
in this business as we are. 

As to confidence in the administration, he was one of 
those v>'ho was readv to repose all proper confidence in the 
executive ; not under pretences of this and that and t'other 
kind, but from real respect and knowlege of the executive 
for 50 years past, in the trying times of 1776, and in all the 
trying times that follov/edv The mover of these resolutions 
tells us, that our attempts at negociation are chimerical, as 
the wildest project of the human imagination, and he adds, 
that the insults which we have suffered are such as no other 
nation ever submitted to ; v/hile the gentleman from New Jer- 
sey, (M. Dayton) advises to go and drive out the people 
from N. Orleans, or we lose our advantage ; the gentlem.an 
from Delaware, (Mr, White) he v/as sorry to hear indulge 
in unbecoming expressions towards Spain. ' Speaking of that 
country, he tallcs of the shiggish Spaniard, whom we may easily 
overcom.e..,. Were there modes of argumicnt or debate consist- 
ent or decent in this sena-e ? For his part, he did not v/ish to 
assail the t^^rritory or the rights of any nation, nor to abuse 
their characters ; but it is the more extraordinary when those 
gentlemen al the srime time tell us that it is France that sets 
the Spaniards on, and that we are afraid to look the hero of 
Italy and France in the face. Perhaps those who accuse us 
thus of fear would be the first to hide their faces from real 
danger.. ..it is not boasting that makes the patriot or the man 
of courage ; it is coolness and resolution. We do not fear 
the hero of Italy, or any other hero, but we fear the effects of 
war, of an unjust and rash v.^ar. ' 

We are told, that within a fev/ years our western coun- 
tiy, from being the seat of wild beasts, is covered with popu- 
lous tov/ns and cities.. ..that the country, redeemed from a 
state of nature, has become civilized and covered v^ith culti- 
vation, and a people enjoying peace, happiness, industry, and 
commerce ; and that their industry is obstructed. All this 
is admitted, and the evil allowed to be a serious one ; but do 
we countenance or approve of it.. ..do we encourage it? No, 



C 61 ) 

5ir, Vv"e are as much opposed to this conduct of the Spanish 
intendant as gentlemen can be, perhaps more seriously so, 
JBut suppose we were to agree to arm, would we be prepared, 
even it" we were to begin now, before we can have advice 
from Europe, and the whole rectified without us. Suppose 
our militia march to N. Orleans, what would they find there ? 
A grave for the majority of them. The precious boon of 
health is very scarce there. ...and our hardiest woodmen from 
Kentucky and Tennessee, would soon find the climate too 
much for them. 

It was somewhat surprising to him to find gentlemen op- 
posed to the measures of the executive nov*', who advocated 
similar measures on a foniier occasion. The gentleman from 
Pennsylvania was one of those who voted for the British trea- 
ty.... and he was a supporter in the senate even for the treaty 
A^hich granted a tribute to Algiers. ...and in both those treaties 
the principle is laid down, that no hostility shall be commenced 
without a previous complaint or declaration. Then if this 
conduct was wise and just tov.'ards the Barbary powers, it 
must be so v/ith Spain. Why should not enquiry take place 
here, when we have the best reason to think the act that of 
an individual alone ? The gentleman undertakes to answer for 
the western people, and tells us that they are ready to assem- 
ble, sword in hand, and go down the river and take New Or- 
leans. We were told on another occasion, that vvhen they 
would go down, they must be defeated, and that the conse- 
quence vrould be, that they would make terms for themselves, 
join the French, and become our inveterate enemies ! This is 
the way my constituents are complimented by gentlemen who 
wish to be considered as their friends. It was surprising that 
those gentlemen who had never been in that part of the coun- 
try, and who pretend to know so much about them, should 
know every thing but what their representatives know to be 
the truth. But, sir, these frightful spectres have been pre- 
sented to us in so many shapes, and on so many occasions, 
that they are no longer calculated to frighten us.. ..and when- 
ever gentlemen are at a loss for arguments, we look for them 
with as much certainty as for rain from the clovids. 

Sir, we do not wish for war in the western coimtries,... 
we sincerely wish for peace and good neighborhood ; the 
Spaniards our neiglibors appear to be a friendly, candid, honest 
people ; we do not seek a quarrel with them : but if their go- 
verament siiculd do us wrong, we do not want the spirit to do 
ourselves right at all hazards.. ..but without that injury, there 
is no spirit to do them wrong. But whenever the gentleman, 



( 62 ) 

(Mr. Ross) feels his blood warm, the nation must go with 
him to war, or the national honor is lost.. ..and in this spirit 
he tells us that negociation must fail. He thought that even 
if negociation should fail, then the whole national spirit would 
be roused.. ..and we should go to the assertion of our rights 
with the greatest effect. 

But it is said, that when we return home we shall be told 
that our conduct has been mysterious, that wc have discussed 
the public affairs with closed doors, that we do not trust the 
people with their own affairs. ...and that they would trust us 

no longer But, sir, we have no wish to keep any thing secret 

from our constituents. ...he had their unanimous confidence, 
and the only fear he ever felt, Avas, lest he should not be able 
to discover what was their best interest. He knew the people 
would speak in a manly tone to their representatives, as well 
as to their adversaries, and if their representatives conduct 
themselves improperly, thev will dismiss theni....neverthe- 
lesss, if a question arose between his sense of duty and an ap- 
prehension of that kind, he would do his duty, because the 
people would in the end approve of his conduct. But why- 
does the gentleman so much complain of closed doors, did he 
suppose any one in that house entertained apprehensions of 
his persuasive powers ? He, for one, thought very little about 
it. It did not excite his sympathies any more than the metal 
of Mexico, or of our mountains.. ..he was neither afraid of the 
thunder of his eloquence, nor solicitous for the plunder of the 
Spanish mines ; if real causes for v/ar arose, he should not 
expect to see those now so eager for wanton attack in the front 
ranks. To those then who ask, will you preserve peace where 
there is no peace, he would reply.. ..that is not the question ; 
the true question is, will you have war where you may pre- 
serve peace ? Gentlemen want to know, what is the executive 
about t Why do they not go and ask him he has no re- 
serves, he will tell them without disguise., ..that he is solici- 
tous to preserve peace if possible, and if that is not to be done, 
then to defend the country and assert its rights with the ener- 
gy and dignity becoming an independent republic. 

The gentlemen, in order to shew us how very kind they 
will be to us, say, that if we will only go to war with Spain, 
that thev will be our pledges to the Avestern people, and that 
their friends in the other house,, and out of doors, would do 
the same. Why this is very generous of them, and is the 
more remarkable because it is an uncommon thing with them. 
But it is very certain that we do not stand in need of their 



( 63 ) 

pledges, nor of their assistance. On former occasions tlity 
did not display any of this liberality, and he could not help sus- 
pecting their sincerity now. He was against war on any terms 
but necessity or defence, if there is no alternative he would go 
into it as heartil)' as any one. But he had seen war, the war 
of our independence, and he was averse to a renewal of cala- 
mities such as were then suffered. Where were the Mara 
and Jupiter of the present day in those times that tried men's 
souls ? Where were they when our wives and children were 
delivered up to massacre ? The thunder of Jupiter was then 
never heard of, and Mars himself was most probabl}- asleep 
with Bellona....He was averse to war from the example which 
we had very lately, of the oppressive consequences oi a dispo- 
sition to war, those oppressive taxes and heavy debts, and un- 
popular laws which we had been saddled with.. ..which wc 
have since repealed, and he hoped never again to see revived. 

Mr. J. Mason (of Massachusetts) did not expect to 
throw much new light on a subject which had been so ably dis- 
played by the mover of the resolutions ; he had formed his 
opinion from mature reflexion, and every argument he had 
heard offered against the resolutions, only tended to confirm 
the opinions he had formed in their favor. They had been 
dubbed war resolutions ; but he could not discover any thing 
of war in them. ...on the contrary, he considered them as en- 
tirely of a pacific character. What do they purport : 

" Resolved^ That the United States of America have an 
indisputable right to the free navigation of th.e river Missis- 
sippi, and to a convenient deposit for their produce and mer-« 
chandize in the island of New Orleans : 

'' That the late infraction of such their unquestionable 
right is an agression, hostile to their honor and interest : 

" That it does not consist with the dignity or safety of 
this union to hold a right so important by a tenure so uncer- 
tain : 

" That it materially concerns such of the American citi- 
zens as dwell on the western waters, and is essential to the 
union, strength, and prosperity of these states, that diey ob- 
tain complete security for the full and peaceable enjoyment of 
such their absolute right ; 

" That the President be authorised to take immediate 
possession of some place or places, in the said island, or the 
adjacent territories, fit and convenient for the purposes afore- 
said, and to adopt such measures for obtaining that complete 
seciu-ity, as to him, n his wisdom, shall seem meet : * 



( 64 ) 

"" That he be aadionscd to call into actu?.! service any 
number of the militia of the states of South Carolina, Georgia, 
Tcnnehisee, Kentucky, and Ohio, and the Mississppi territory, 
■ which he may ihigk proper not exceeding 50,000, and to em- 
ploy them, together with the naval and military force of tlic 
union, for ciTccting the object above mentioned, and that the 
sum of five raillions of dollars be appropriated to the carrying 
into effect the foregoing resolutions, and that the whole or any 
part of th?t sum be paid or applied on warrants drawn in pui-- 
suance of such directions as the President may ircra tnne to 
time think proper to give to the secretary of the treasury." 

Is this not ti'ue, do we not agree in this unanimously, 
vv'ill any member of the senate deny it.. ..Is not our right to the 
navigation of that river a natural and inviolable rigiit ? It is 
not a ixivor granted to us, but is derived from nature itselt ; 
the treaty indeed describes tlie niiddk- of the river as our 
bonndar}', but is it not perfectly free ? What objection then 
can be made to this resolution ? - What does it further say, 
that we have an unquestionable right of deposit at New Or- 
leans ; have v/e not that riglit ? It does not say that we have a 
right to the territory, but no man can controvert our positive 
and absolute right to the deposit of our commodities in that 
territory for ever ; it is a right unlimited for ages, and the 
written instrument under which it is established can never be 
done avv^ay v/hile the two kingdoms exist.'^ It is further de- 
clared that this right is important ;....can this be denied? nor 
can it be said to be exclusively important to the people in the 
immediate vicinity of the Mississippi, for it involves directly 
or indirectly, the whole of the stcUes...'.it involves their inters 
nal trade, and their credits on the Atlantic side of the un on, 
and it imposes on the people by diminishing the value of their 
produce ; upon every principle of right and safety the resolu- 
tions are supported. 

Some gentlemen, nevertheless, doubted that this infrac- 
tion of treaty was authorised. He did not enter into this 
spirit of doubt, he had no doubt that it was the autl^orised act 
of either France or Spain. It is now from twelve to eighteen 
months since the rumour of the cession of Louisiana has pre- 
vailed, and no authentic information on the subject has 
ever been furnished to the people of the United States ; con- 
tradictory rumours had also gone abroad, but to this moment 
we are in a total state of uncertainty on the subject. Kcw then 

* Tlie exact words of tlie speaker. 



( 65 ) 

are wc to account for this secrecy ? If Spain determined to 
deprive us of a right, would she inform us of it by a message? 
No, she would pursue exactly the conduct she has done. I'he 
Spanish minister here, indeed, says, that the act is not autho- 
rized, or he should have been informed of it. The plain 
meaning of this is, that he is not sufficiently informed. The 
period at which this infraction took place affords strong pre- 
sumption of the motive and design. It took place at the mo- 
ment when the French thought they had completely overcome 
the blacks, and restored the island of St. Domingo to obedi- 
ence ; they had determined diat the subjugation of that island 
should precede the attempt upon Louisiana, and in the mo- 
ment of their imaginary triumph, they commenced their ope-' 
rations at New Orleans, by the suspension of our right. As 
to the assertions that Louisiana will be ceded, or is ceded, 
with a special regard to our limits, he did not regard them.... 
they were evidendy made only to lull us. 

The next resolution authorized the President to take 
possession of New Orleans. This may at first sight have the 
appearance of war ; but if gentlemen will only call to mind 
their own declarations, that our right is indisputable, then the 
aggression has been against us. This point is essential to a 
fair consideration of the case. If, then, they have committed 
an hostile act, if they have deprived us of a natural and conven- 
tional right, if they have broken a treaty, does there any 
question remain but as to the means that ought to be employed 
to recover it ? On this point the senate is divided.... there are 
two opinions ; one for negociating to have the right restored ; 
the other, to possess it without delay. In the choice of one 
or the other of these recourses, he had no hesitancy ; for pos- 
session will be the best guarantee to negociation. Without 
that possession, negociation must be a work of time, and al- 
wa}'s at the mercy of diplomatic procrastination. What will 
be the situation of the country in the mean time ? The impor- 
tation ceases, and the export stops.. ..the western people will 
say that the hand of government, intended for their protection, 
is withheld from them, that we want zeal, and avoid justice 
in their cause. Spain and France know the vv'estern country as 
well as we do ; they have an intimate knowlege of it ; their 
able men have visited all parts of it. Instead, therefore, of 
supplicating them, they should be put in the situation of sup- 
plicants to us ; the inhabitants of that vast tract confide more 
on the United States than they do on France or Spain. We 
arc therefore taking the most safe and certain measures.. ..it is 

K 



( 66 ) 

the opposition, Mr. President, who are in favor of support- 
ing the executive, and not those who profess to be its friends* 
What, sir, is the language that France will hold to you, 
if these resolutions are not carried ? The first consul will say. 
Why do yo supplicate me, aiid what regard should I pay you 
....you are a divided people, parties are nearly balanced among 
you, what are your complaints to me ? But gentlemen say, 
the step recommended would be an invasion of their territory, 
but surely this is not a greater wrong than the invasion of our 
rights....we do not go to make ourselves masters of the soil ; 
our only object is, to hold them as a pledge for the security 
of our rights by treaty. Gendemen had referred to the trans- 
actions at Nootka Sound, bet\7een England and Spain. If 
he were to quote any case in preference to another, in support 
of the resolutions, it wovild be that. iThe British landed at 
Nootka, they erected a fortification, and what did the Spa- 
niards do ? They did not wait the tardy course of negociation ; 
they went with a force, attacked the settlement, and broke it 
up ; and when they had taken this precautionary measure, 
they agreed to negociate, and the effect was favorable as it 
was honorable to the spirit of Spain. The best w ay to nego- 
ciate is with the alternative visible ; if we should send by Mr. 
Munroe the account of our entering and holding the pledge of 
New Orleans, he might go to France or Spain with double 
confidence. If the whole province of Maine were invaded 
by an enemy, it would not be of so much importance as the 
stoppage of that river ; if that was taken, or if the island of 
New York was in possession of an enemy, would we w^ait to 
negociate ? The aggression is on their part, and the conse- 
quences they alone ought to be accountable for. 

. The resolutions he did not consider as imperative on the 
executive ; but if gentlemen were desirous of so altering the 
phraseology, as to render them more explicitly optional, he 
was willing to accommodate them., and to leave it in the breast 
of the President to take possession or not, as the exigency 
may require. ...money and men are offered for his use, and he 
may use or not use them, according to his own judgment. In 
the course taken, we are piu'suir.g a shadow. ...we are in truth 
sleeping under injury. War was certainly a serious thing, 
but all nations have been obliged to resort to it.. ..it produces 
an energy in the human character, which never exists without 
it ; what v/as the effect on our own country, under a strong, 
sense ot injury.. ..and at a time when we were so many de- 
gjrees inferior in numbers and resources to what we are at 



( er ) 

present ?....Atthe commencement of our ovv'n revolution, wc 
had scarcely any resources, yet armies were raised, arms and 
arsenals provided, and we triumphed over the most powerful 
nation then in Europe. We suffered some evils, in the 
loss of many brave and valuable men ; but even in that loss 
we had the consolation, as it produced an energy, a heroism, 
that will immortalize them to the latest posterit}% It has been 
insinuated, that such a step would alarm foreign nations.... 
But turn your attention to the immediate consequences. It 
would be impossible for us to be involved in a rvar xvith France 
or Spain without having the navy of Great Britain on our side ; 
necessity and the wisest policy woidd unite us^ and xve should 
bid defiance to all the maritivie powers. But on the other hand, 
is not France as desirous of peace as any nation can be, is it 
not her interest to be at peace, seeing the immense conquests 
which she has made and secured ? Do we not also know that 
Great Britain feels an eternal jealousy of her rival, and is she 
not this moment interfering, not to rescue her own territories, 
but to preserve the territories of others from being devoured. 
He was, upon the most mature examination of the subject, in 
favor of the resolutions. ...and against the amendments. 

General J. Jagkson, (of Georgia.) Coming from a 
state, at the extreme of the Union in the south, and excepting 
the states immediately interested in the navigation of the Mis- 
sissippi, the most concerned on the present occasion, of any 
in the Union, he hoped it would not be deemed improper in 
him to oifer his sentiments on the resolutions before the se- 
nate ; for, sir, no event can affect the settlers on the Missis- 
sippi, no change of masters can take place there, without the 
shock being felt on the frontiers of Georgia. The nation 
which holds Nev/ Orleans must eventually possess the Flori- 
das, and Georgia cannot remain an indifferent spectator.. ..in 
case of war, the blow struck on that river will be vibrated on 
the Saint Mary's, and the attack on the one will be seconded 
by an attack on the other. 

The gentlemen from Kentucky and Tennessee have not 
those fears expressed by the gentleman from Pennsylvania ; 
they have declared their citizens satisfied with negociation in 
the first place, and the conduct pursued by the executive.... 
He could say the same, as respects the citizens of the state he 
represents, and begged leave to read a letter on the subject, 
fiom a respectable gentleman of (ieorgia, applauding the ap- 
pointment of Mr. Munroe. \^He here read a letter express- 
ing the approbation generally expressed at the nomination.'] 



( 68 ) 

That there has been an indignity ofRrod to the United 
States, by the Spanish governmoni of New Orleiins, he should 
not deny ; so lar, he joined the gentlemen on the other side, 
as not only to declare that sense ot' it, but to assort that the 
withdrawing the rigiu of deposit, given under tlie 4tli article 
of our ti-eaty with Spain, concluded at San Lorenzo ei Real, 
priorto the pointing out another place for that purpose, is 
such a violation of our right, and such vm insult to the dignitv 
of the nation, as ought not to be put up with in silence. We 
ought, we are bound to demand a restoration of that right, 
and to secure it to our western citizens, let the risk be what it 
may, if it even extends to life and fortune. He cordially 
agreed with the gentleman v.ho had preceded him, (Mr. Z\l.s. 
fios) that it is a momentous subject.. ..but could noc consent to 
go at once to war, wi:hout trying in the hrst place, every 
peaceable mode to obtain redress. 

But tile gentleman sees no war in the resolutions of the 
gentleman from Tennsylvania, (Mr. Ross.) He could not 
agree widi him on diat point ; let us examme them, and it 
will not only be found tlvAt they contain Mar nuasures, but that 
pait ot the premises on which we are Ciilled upon to go to war, 
ro-e not fomuied. The first part of the resolutions declares, 
That the United States have an indisputable right to the free 
navigation of the river :Mississippi, and to a con^■enient place 
of deposit ior tlicir produce and merchandize, in the island 
oi New Orlci-ns. Now, sir, the former p;\rt of tills resolu- 
tion is not itilectcd by any proceeding-s of the Spanish govern- 
ment. Vou are as perfectly in possession of the riglit as vou 
ever were.. ..your vessels are at this moment freelv navig-ating 
that river... .you have not heiu-dof a single interruption....rou 
have not learat that the Spaniards, so ihr from interrupting 
tliat ra\-igation, have ever doubted your right. "Whv then, 
sir, resolve on the assertion of rights which are not question- 
ed, but of which you are completely in possession. He could 
compare it to no odier case diau tliat of a man in private life, 
in peaceable possession of his house, resolving on and pubUsh- 
uig his own right to it, and thereby rousing the suspicions of 
his neighbors to doubt his title to it. Passing over the latter 
division of the first resolution, and ^\hicK h.e acknowleged 
to be the fact, let us consider the second proposition, " That 
the late infraction of such their unquestionable right, is an ag- 
gression hostile to their honor and inteit-it.'' Sir, after a de- 
claration of this kind, can vou retract ? You cannot ; it is in 
fact a declaration of war itself. :Manv of the courts of Eu- 



( <'>9 ) 

rope would consider it so, and have engaged in war for less 
cause of offrncc than this resokition contains. You pronounce 
at once, without knowing whedier the proceedings at New 
Orleans were sanctioned by the court of Spain, that, that na- 
tion is in a state of hostilit)' against your honor and interest, 
which declaration, coupled with the following resolution.... 
" That it does not consist widi the dignity or safet\' of this 
Union to hold a right so important by a tenure so uncertain," 
is a direct insiJt to that nation. But if war is not to be found 
in those rcsoluilons, is it not in the fifth resolution, " That 
" the President be authorized to take immediate possession 
*' of such place or places m the said island, or the adjacent 
" territories, as he may deem fit or convenient.'" is this not 
war? If it be not, he knew not what war was ! And now let 
us enquire, if we should be justified in adopting those mea- 
sures, on the grounds of public or private justice, or the laws 
of nations. 

Sir, The going to war has always been considered, even 
among barbarous nations, a most seriotis thing ; and it has 
not been undertaken without the most serious deliberation. 
It was a practice among the Romans,^ prior to undertaking a 
war, to consult the Faclales on the justice ef it ; and alter it 
had been declared just., to refer it to the senate, to judge ot 
the poUcij of it ; and unless the Justice and the policij were 
both accorded in, the war was not undertaken. It this was 
the case then, among barbarous nations, shall we who call 
ourselves a tivilized nation, not well weigh the justice and the 
policy of going to war, before we undertake it. Two gentle- 
men who had preceded him, (Messrs. Breckenridgk and 
Clinton) have read some passages on those points, from the 
law of nations, and he begged to be indulged in reading one 
or two more ; they are from Bitrlamaqui, 2d vol. p. 264, ch. 
4, of those things which ought to precede w..r: "• However 
just reason, sa\ s this author, we may have to make war, \et 
as itinevitably brings along with it an incredible number of ca- 
lamities, and oftentimes acts of injustice, it is certain that we 
ought not to proceed too easily to a dangerous extremity, 
which may perhaps prove tatal to the conquertr himself. Sup- 
posing the reason of war is just in Itself, yet the dispute ought 
to be about something of great consequence ; since it is belter 
even to relinquish part of our right, when the thing is not con- 
s'derable, than to have recourse to arms to defend it.".... 
Again, " We ought to have at least a probable appearance of 
success, for it would be a criminal temerity to expose our- 



( ro ) 

selves to certain dcstniclion, and to run into a greater in order 
to avoid a lesser evil/' " Lastly," ssiys this writer, " there 
should be a real necessity for taking up arms ; that is, we 
ought not to have recourse to force, but when we can employ 
no milder method of recovering our rightj or of defending 
ourselves from the evils with which we are menaced. For, 
as a sovereign ought to take particular care of the state, and 
its subjects, he should not expose them to the evils with 
which war is attended, except in the last extremity, and when 
there is no other expedient left but that of arms." 

What is our course then to pursue ? Is it to go immedi- 
ately to war, without asking for redress ? By the law of na- 
tions, and the doctrines of all writers on them, you are not 
justified until you have tried every possible method of obtain- 
ing redress in a peaceable manner : it is only in the last extre- 
mity, when you have no other expedient left, that a i-ecourse 
to arms is lawful or just; and he hoped the United States 
would never forfeit her character for justice, by any hasty or 
rash steps, which she may too late have to repent of.... v/ hen 
she can have recourse to another method which may procure 
a redress of the wrong complained of. 

Let us now look to the policy of adopting those resolu- 
tions, which must inevitably involve the United States in v/ar, 
and stir up the jealousy of European nations. They watch 
you already with a jaimdiced eye, although the nation is in 
its infanc)'. Yes, sir, our nation is as it were, in comparison 
with other nations, an infant ; but it is a Hercules in its cradle, 
and they know it ! They Avill seek every means to check its 
i-apid, giant-like gi'owth ; and they will seize on every occa- 
sion to curb it, if they perceive any serious evidences of its 
ambition. Your taking possession of New Orleans would 
afford such c\idcncc ; it ^vould rouse them. ...they would be. 
alarmed for their own possessions near you, and would com- 
bine to put a stop to your cai-eer. Would it be honorable 
then, sir, to retrace your steps after you have taken posses- 
sion ? Would it comport with the national honor and dignity 
we have heard so much about? He need not answer the 
question. 

To induce us to seize the present moment in taking pos- 
pession of tlie island, an honorable gentleman Irom Delaware, 
(Mr. Whitk) has told us, that if we delay the present mo- 
ment, we shall not meet a weak, an inanimate enemy.. ..the 
sluggish Spaniard.. ..the slave of France.... but the bayonets 
of the invinc iblc band of French grenadiers ! Sir, in such 



( rt ) 

a hostUe pi*oceeding, as we. are called on to adopt, he believed 
that even the sluggish Spaniard would be roused from his 
slumber, and join in the cry against us. 

An honorable gentleman, the n\over of the resolutions, 
informed us the other day, That by negociation, you would 
not only take away every chance of payment of the spoliations 
01- our commerce by Spaii], from the merchants ; but you 
would also take away all abilit.)' from the Western people to 
pay those merchants what they owed them at home ; whereby 
they would be double sulferers.... Shall we reverse this pic- 
ture, and see how the merchants would fare if the resolutions 
were to be adopted?.. ..Sir, they would be received as a mea- 
sure of decided war, a perfect war manifesto ;....and the pro- 
perty of your merchants, their ships, their merchandize, that 
are scattered over the globe. ...they would be embargoed in 
every port of France and Spain, and captured in all direc- 
tions. ...The capital of your merchants would be destroyed, 
and the hopes of redress for former spoliations be destroyed 
with it ; and then we should be little nearer the main object 
of redress, as to a place of deposit, than we are at present.. ..on 
the contrary, a negociation will place your merchants on their 
guard, they will watch its result, and afford them an opportu- 
nity to secure their property. 

Sir, as to national honor and dignity, he believed we 
have all a proper sense of it, and he v/ould be one of the last 
on this floor to put up with insult and indignity from any na- 
tion ; but, sir, as much as wc have heard of it, he did not 
think we ought, without negociation, to resent even' injiuy 
by war. In many cases, sir, national honor is only a converti- 
ble term for national interest, and he begged leave to relate 
an anecdote of a celebrated soldier on this head. After the 
failure of the atten^pted storm of Savannah, in the year 1779, 
count D'Estaing, who was wounded in the attack, and lay in 
that situation about five miles fi-om Savannah, was visited by 
governor Rutledge and other gentlemen of South Carolina 
and Georgia. 1 he governor having perceived some move- 
ments in camp indicative of a retrograde motion, told the 
count that his own honor and the honor of France were con- 
cerned in his remaining and taking the city. The count 
Very naildly replied...." Gentlemen, if my honoris to be lost 
" by not taking the city, it is lost already ;....but 1 deem my 
" honor to consist in the honor of my country, and thatlionor 
" is my country's interest !".... The time of operation in the 
West Indies was arrived, and the count re-embarkod his 
troops. 



( r2 ) 

Now, sir, is it not our duty to coRsuIt our country's in- 
terest, before we take tiiis lash step, which we crainot recall ? 
peace is the interest of all republics, and war their destruction 
....it loads and fetters them with debt, and entangles not only 
the present race, but posterity. Peace, sir, has been the ruling 
policy of the United States through all her career.... If we 
shew the citizens that we are not willing to go to war, and 
load them with taxes, they will all be with us when a necessity 
for war arrives. What, sir, was the policy of America, from 
the commencement of the revolution ? At that day, did we 
hastily go to -war ? No ; we tried every peaceable means to 
avoid it, and those means induced a unanimity in the people 
^...At the commencement many states wei'C exceedingly di- 
vided, in some a majority were against us. ...yet, seeing the 
moderation and justice of our measures, and the rashness and 
tyranny of the British cabinet, they came over to our side, and 
became the most zealous among us. ...At the present moment, 
sir, the people are averse to war, they are satisfied with the 
steps of the executive, they wish negociation....if you adopt 
those resolutions, they will be still divided. ...if you negociate, 
and fail in that negociation....if you cannot obtain a redress of 
the injury which they feel as well as you, they will go all lengths 
with you and be prepared for any event ; you will have this 
advantrsge, you will be unanimous.. ..and America united is 
a match for the v.'orld. In such case, sir, every man will 
be anxious to march, he would go himself if called en, and 
whethc r the sluggish Spaniard or the French gienadier com- 
mands New Orleans, ii must fall ; they will not be able to re- 
sist the brave and numerous hosts of our western brethren, 
who are so much interested in the injury complained of. He 
was himself of opinion that New Orleans must belong to the 
United States ; it must come to us in the course of human 
events, although not at the present day ; for he did not wish 
to use force to obtain it, if we could get a redress of injury ; 
yet it v.ill naturally fall into our hands by gradual but inevita- 
ble causes, as sure and certain as manufactures arise from in- 
creased population and the plentiful products of agriculture 
and commerce. But let it be noticed, that if New Orleans by" 
a refusal of justice falls into our hands by force, the Floridas, 
as sure as fate, fall with it. Good faith forbids encroachment 
on a pacific ally ; but if hostility shews itself against us, in- 
terest demands it ; Georgia in such case could not do with- 
out it.... God and nature have destined New Orleans and the 
Floridas to belong to this great aixl rising empire.... As natural 



( rs ) 

bounds to the south, are the Atlantic, the Gulf of Mexico, and 
the Mississippi, and the world at some future day cannot hold 
them from us. 

Sir, we have been tokl much by the gentleman from 
Delaware (Mr. White) of Bonaparte, that he is the hero of 
France, the conqueror of Italy, and the tyrant of Germany, 
and of his invincible legions. Much as he respected the fame 
and exploits of that extraordinary man, he believed we should 
have little more to fear from him than from the sluggish 
Spaniard. Bonaparte, sir, in our southern country, would 
be lost, with all his martial talents ; his hollow squares and 
horse artillery would be of little service to him iathe midst of 
our morasses and woods, where he would meet not with the 
chanipaigne country of Italy, with the little rivulets com- 
mandfed by his cannon, which he could pass at leisiu-e ; nor for- 
tified cities which command surrounding districts ; but with 
rivers miles wide, and swamps, mortal or impenetrable to 
Europeans. With a body of only ten thousand of our ex- 
pert riflemen around him, his laurels would be torn from his 
brow, and he would heartily wish himself once more safe on 
the plains of Italy. What, sir, would be forty or fifty thou- 
sand French, in those impenetrable forests, to the hosts which 
would be poured down the Mississippi. But, sir, should 
Bonaparte send an army of forty thousand men here, and 
they should not be destroyed by our troops,.... within twenty 
years they would become Americans, and join our arms.... 
they Avould form connections ,with our females, intermarry 
with them, and insensibly change their habits, their manners, 
and their language. No other people can long exist in the 
vicinity of those of the United States, without intermixing 
and ultimately joining with them. 

The sacred name of W ashington has been unnecessarily 
appealed to, on this as on iTiany other occasions, and we have 
been boastingly told that in his time no nation dared to insult 
us. Much, sir, as he revered his memory and acknowledged 
him among the fathers of his country, was this the fact ? 
Was he not insulted.. ..was not the nation insulted.. ..under his 
administration ? How came the posts detained after the defi- 
nitive treaty by Britain ? What dictated that inhuman deed 
to stir up havoc and destruction among us ? Lord Dorches- 
ter's insolent and savage speech to the hordes of Indians on 
our frontiers, to massacre our inhabitants without distinction. 
Were those not insults, or have we tamely forgotten them ? 
Yet, sir, did Washington go to war? he did not, he prefer- 



( 74 ) 

red negociatlon, and sent an envoy to Britain ; peace was ob* 
tained by a treaty with that nation. ...he should not inquire at 
what price. ...but these were the steps taken by him. Shall 
we then not negociate.... shall we not follow the leading fea* 
ture of national policy.. ..He hoped we should, and by doing 
so we shall become unanimous. We are all actuated, he 
hoped, by one view, but differ on the means. ...let us do jus- 
tice by requesting our neighbour to do justice to us, by a 
restoration of our rights. ...let us shew the nations of the earth 
we arc not anxious for war, that scourge of mankind.. ..that 
we bear patiently our injuries in, hopes of redress, and that 
nothing but absolute denial of justice, which will be additional 
insidt, shall induce us to it. But, sir, if forced to war con- 
trary to our policy and our wishes, let us unsheath the sword 
and fling away the scabbard, until our enemies be brought to 
a sense of justice, and our wrongs are redressed. 

He apologized to the house, it was a late hour and he 
would not longer detain them, although he had many more 
observations to offer on the remarks of gentlemen which have 
been made on this floor ; that we may be guided in our delibe- 
rations by prudence as our advanced guard, and determina- 
tion as our rear, was his sincere prayer, and that the result 
otthose deliberations may be for the advantage and happiness 
of our common country. 

Mr. Tragy rose and moved that the house now adjourn. 
Adjourned accordingly at half past five o'clock, 

Thursday, February 24. 

Mr. Wells (of Delaware) said he had listened yestei- 
day, with great attention to gentlemen who had opposed the 
resolutions moved by his honorable friend, (Mr. Ross) froiw 
Pennsylvania. I cannot say that I expected, but I did enter- 
tain at least a faint hope they would be able to satisfy us that 
our fears were groundless.... that the honor of our country was 
unblemished,.. .its interests not impaired.. ..its safety not en- 
dangered. But had I a doubt before, it no longer remains : 
their arguments have convinced me more than ever that we 
have not a moment to lose. Yet, sir, almost the whole of 
the present session has passed away without a single measure 
of defence being adopted. Even now I foresee that these 
resolutions will be laid aside. I rejoice, however, to find 
that they are likely to produce one good effect ; they have at 
last roused gentlemen from the false security in which they 
have so long reposed. If the resolutions now under discus- 



. Q 75 } 

sion do not prevail, I will not refuse to vote for the amend- 
ment proposed by the honorable gentleman from Kentucky 
(Mr. Breckenridge.) I prefer the resolutions because 
they go further and apply the remedy direcdy to the evil : 
the amendment contemplates the possibility of a failure of ne^ 
gociation, and makes some provision for such an event. 

These resolutions have been opposed upon two grounds ; 
First, It is alleged that the conduct of the intendant at New 
Orleans is not authorised by the court of Spain. Second, 
It is said that we are bound by moral obligation to resort to 
negociation before we attempt to redress ourselves. 

Did I even believe, widi gentlemen on the other side of 
the house, that the violation of our right of deposit was the 
act of the intendant alone, I would vote in favor of these 
resolutions. I shoulcl still be for going Tlown, and taking 
possession of New Orleans, and thereby putting in check the 
power of the intendant, until v/e could hear from Europe. 
If we are to wait for the result of a negociation just now com- 
menced, consider the situation of the western country in the 
interim. Half a million of your citizens are cut off from all 
intercourse with the rest of the world.. ..every kind of busi- 
ness there is at a stand... .the farmer's produce is rotting on his 
hands.... industry is paralized..,. emigration discouraged.. ..the 
value of their lands diminished.... all abihty to comply with 
their engagements with each other.. ..with the government of 
the United States, or with their own state governments, is 
taken from them. This is an extremity to which I can never 
consent to reduce them. Let us, rather remove the obstruc- 
tion tp the navigation of the Tvlississippi immediately : and 
if in the course of the negociation it should be proven to our 
satisfaction that the violation complained of was not autho- 
rised by France or Spain, and that both nations were resolved 
to respect our rights, New Orleans might then be restored. 
No cause of umbrage would be given to either nation. They 
>yould both see the extent of the injury we were likely to sus- 
tain by the criminal conduct of th • ir agents ; and, if they 
were honest, they would sincerely rejoice that we had in time 
guarded against it. 

Gentlemen have persuaded themselves that the conduct 
of the intendant is not authorised by the Spanish, or French 
government, but what reason have they assigned us in sup- 
port bi this opinion ? They tell us of the friendly assurances 
received from the Minister of his Catholic Majesty resident 
near our government ; and they place considerable stress V^PP^ 



( 76 ) 

the circumstance of the governor of New Orleans disapprov- 
ing of what the Intendant has done. I will not stop to speak 
of the imprudence of reposing themselves upon the assurances 
of a mini, ter, perhaps expressly instructed to mislead them, 
Biit why have they trusted lo the imaginary collision o': sen* 
timent between the governor and intendant of New Orleans ? 
Do not gendemen know that our government is in possession 
of testimony, demonstrating beyond all kind of doubt, that this 
is not the fact ? Have they not seen the letter of the governor 
of New Orleans to the governor of the Mississippi territory. 
In this letter I learn that the governor comes out andacknowr 
ledges his co-operation with the intendant. ...justifies the 
breach of the treaty, and declares that these instruments 
cease their binding force the moment it suits the interest of 
either party to break through them. Alas ! the history of the 
world furnishes us too many evidences of this melancholy 
truth. But this is the first time that any nation has had the 
hardihood to avow it. No, sir, even Carthage herself, who 
became proverbial for her disregard of treaties, never attained 
to a point so profligate. If I am incorrect in my statement, 
honorable gentlemen, who have easier access to the source^ 
of official information than is permitted to us, will set me 
right. Why has this document been so sedulously kept froni 
the public e}'e....why it should be even now so carefully lock- 
ed up, is a mystery not for me to unravel. 

We are told that there is a moral obligation imposed upon 
nations, to try the cfiFect of negociation, before they attempt 
to redress themselves. I do not admit the force of this rule, 
where negociation is not expected to succeed. ...where it can- 
not in its nature afford efxectual relief. Believing as I do, that 
negociation must fail, I am not for trusting to that alone. It 
has long been evident that the French have attached to these 
territories upon our frontier, an importance which of them- 
selves they do not bear, and which can only |3e attributed to 
them on account of theit connection with our southern and 
western states. If you :reat, therefore, for an extension of 
your limits, 3^ou will be disappointed. If you negociate re- 
specting the right of deposit, and shoukl succeed, you will 
obtain no better security than that which has already been 
found ineffectual. For my part, I am strongly impressed with 
an opinion that the French consul has a project in view^ 
deeply hostile to the prosperity of our country. One great 
object with the French, is to increase their maritime strengths 
The pcsltion which they are about to take in New Orleans, 



( 77 ) 

will soon put them, at our expence, into the posseosion of aa 
immense carrying trade ; and reduce under their influence die 
fairest portion of our empire. Perhaps I may be asked, does 
the French consul imagine that the people of the United 
States will consent to see subjected to foreign domination any 
part of their territory ? This is an enquiry which Bonaparte 
has not been muck in the habit of making. He knows the 
extent of the means he possesses in this country. It is but a 
few years since violent jealousies prevailed between the Atlan- 
tic and western states. Fortunately they have now svibsid- 
cd : these jealousies he will endeavour to rekindle. Possibly 
he may calculate upon detaching the people on the seaboard 
from the support of their brethren on the western waters. 
He has already succeeded in concealing the hand which guid- 
ed the pen of the intendant at New Orleans. His troops are 
probably now approaching our shores, and what means of 
precaution have you adopted ? Let not gentlemen flatter 
themselves that Great Britain will interfere to arrest this 
scheme of French aggrandisement. That government isj^- 
ready staggering under its own burthens. I'heir tottering 
situation has been acknowledged on the floor of the British 
Parliament. She is obliged to look on, and tamely submit to 
the extension of the Gallic power, in all quarters of the world : 
she knows that her rival is strengthening herself in every di- 
rection. Notwithstanding the cession of Louisiana, New 
Orleans, and, perhaps, the Floridas, was carefully concealed 
from her at the treaty of Amiens, she is now acquainted with 
it, and yet she sees the armament destined for these countries 
preparing to depart, without daring to remonstrate. No, sir, 
every dependance that we place on any other than our own exer- 
tions, will be vain and illusory. Let us be but united and true 
to ourselves, and there is no enemj^we need fear. 

I see no other course for us to pursue than that pointed 
out by the resolutions. Our interests, our honor, and our 
safety require it to be adopted. I am aware that the alarm 
of war will be rung through the covmtry. I know full well 
the pains that will be taken to impress an opinion upon our fel- 
low citizens that we are the friends of war. This we cannot 
help : the danger with v/hich our country is threatened, will 
not permit us to shrink from the discharge of our duty, let 
the consequences to ourselves be what they may. Let me ask 
you, with iny honorable friend from New Jersey (Mr. Day- 
ton) v/hat stronger evidence can we give you of the sincerity 
jf our intentions than the resolutions themselves ? So far from 



( rs ) 

cramping, or diminishing, the power of gentlemen opposed 
to us, in a crisis like the present, we only offer to strengthen 
their own hands. Had the advice of an honorable gentleman 
near me (Mr. Morris) been listened to when you were dis^ 
banding your army, this crisis would not have happened. 
Had you then posted at the Natches, as he recommended, a 
thousand soldiers, the navigation of the Mississippi M'^oukl 
not now have been interrupted. He foretold you what would 
happen, and his prediction has been literally fulfilled. 

There is but one fault I fipd with these resolutions, which 
is, they do not go far enough. If I could obtain a second, I 
would move an amendment explicitly authorising the taking 
possession of both the Floridas as well as the island of New 
Orleans. In one respect I entirely accord with the honorable 
gentleman from Georgia, (General Jackson) and I admire 
the manly and decisive tone in which he has spoken upon this 
subject. We both agi"ee that the Floridas must be attached 
to the United States ; but we differ in point of time. The 
violent aggression committed upon our rights, and the extent 
of the danger with which we are threatened, in my humble 
opinion, would amply justify our taking possession of thcn^ 
immediately. Look at the relative situation of Georgia, the 
Mississippi Territorj', and the Floridas, and it will require 
veiy little of the spirit of prophecy to foretell that we shall, 
ere long, be compelled to possess ourselves of them in our 
own defence. There is but an imaginary line running be- 
tween them : let the French be but once settled along that 
line, and they will have the whole of your southern states at 
their mercy. Unhappily there is an inveterate enemy in the 
very bosom of those states. You might as well attempt to stop 
the coi\rse of the plague, as to arrest the subtle and dange- 
rous spirit they Vvould, the moment it suited their interests, 
let loose among the helotes of that covmtry. Then j'ou 
would have lighted up there a domestic war, which could only 
be extinguished in the blood of your citizens. But I cannot 
agree with the same gentleman from Georgia, when he says, 
that the French, if they v/ere landed even in hostile ariay 
upon our shores, would soon forget their enmity to us ; and 
marr} ing with oiu' females become our fellow citizens. The 
French never forget to love their own country. How many 
instances did we see of this national character even among the 
royalists who were driven out of France during the re\ olu- 
tionary convulsion ? Did their hearts even refuse to palpitate 
with joy when the news of a brilliant victory obtained by theit 



( 79 ) 

countrymen was announced to them, because it was atchieved 
under the auspices of their persecutors ? No, sir, they may 
act over again the rape of the Sabines, but they will form no 
other connection with our fair countrywomen. 

We have received many and repeated assurances from 
honorable gentlemen on this floor, who represent those states 
most immediately effected, that their constituents are per- 
fectly satisfied with what has been done by the governm.ent in 
their behalf. They ought, it is true, to be better acquainted than, 
we can be, with the wishes of the people among whom they live, 
and who have selected them as the guardians of their rights. 
But I think they will find themselves mistaken. Is it possible 
that half a million of people will contentedly submit to be cut 
off from all communication with the rest of the world during 
the progress of perhaps a tedious negociation ? No, sir, such 
is the pressure of their wrongs.... so ruinous is the aggres- 
sion... .they cannot submit.. ..they must they will. ...nay, I 

had almost said, they ought to redress themselves. The ser- 
pent which has coiled itself at the very portal of their fair man- 
sion must be destroyed. They will have neither France or 
Spain to guard the fruit of their delightful garden. They 
know full well the importance of New Orleans. ...They al- 
ready consider that port as the Thermopylae of their country* 
It is there they will and ought to make a stand in defence of 
their liberties, and I pray to God that their struggles may 
be crowned with victory. 

Mr. V/right* When the gentleman from Pennsyl- 
vania, (Mr. Ross) v/as first about to introduce his resolutions ;• 
after making very voluminous prefatory remarks, he touched 
on ground that was conceived to be forbidden ; and was, 
therefore, called to order j and that the subject of order might 
be decided, without the disclosure of that which we conceived 
ourselves bound to conceal : a motion was made and seconded 
to shut the doors, which, by a rule of the senate, was there- 
fore a matter of course, and his resolutions were not thei> 
submitted.... Afterwards, on the day he presented them, he 
introduced himself by remarking, that on his previous attempt 
to present his resolutions, he had been called to order, and 
stopped from proceeding by a new mode, that of shutting the 
doors, and insinuated that the senate wished to avoid a public 
discussion of his resolutions, and to conceal from the peo])le 
what they ought to know : that we were afraid of the infhw 
cnce of his arguments on the public mind : when he well kn.cw, 
we wished only to conceal what we felt ourselves in honor 



( 8f"^ ) 

bound not to reveal, ...but if be bimsself did not wish to con- 
ceal the truth, why did he not inform the house, or rather 
the public, for whom his speech was intended, that while the 
doors were shut, it had been determined " so far as related 
*' to the subject on which he had been called to order, that it 
*' must not be touched on," and that a seal of secrecy had 
been fixed on his lips? Did he suppose we would suffer his 
unfounded insinuations to pass unanswered ? Or did he feel 
himself justified in the suppression of this fact, because its 
relation would have exculpated himself? The solution of this 
question must rest with him. ...but thus, inauspiciously he pre- 
sents himself in the opening of this business ; and as we pur- 
sue him, we shall find him incorrect in his premises, or illo- 
gical in his conclusions ; and more impolitic than either. ...In- 
stead of endeavoring to support the measures of the adminis- 
tration, and to cultivate the arts of peace, he is attempting to 
excite the western people to revolt against the government, by 
a seditious appeal to their passions, and to sound the trumpet 
of war in their ears, by a speech highly inflated with imma- 
ture wrath, and rash declamation, against the Spanish go- 
vernment. 
1st. That they had captured our vessels and imprisoned our 

seamen. 
2d. That they had permitted the French to fit out pinvateers 

in their ports, to cruise against our commerce. 
Sd. That they had permitted French consuls in Spanish ports 

to condemn our vessels captured by French cruisers. 
4th. That they had obstructed our navigation of the Missis- 
sippi, and denied us the right of deposit at New Orleans.... 
and to cvown the whole, had insultingly issued proclamation 
upon proclamation, interdicting the exercise of these rights. 
The gentleman, however, not content with this phillip- 
pic against the Spanish government, rashly charges our own 
government with a total neglect of, and criminal apathy to the 
interests of the western people. That no nation, either an- 
cient or modern, had ever suffered such indignities, and that 
our executive had taken no steps to redress the injury.. ..not 
a soldier to assert our rights. ...not a soldier to avenge our 
wrongs....that the western people would not, that they ought 
not to submit to it, but ought immediately to take possession 
of the mouth of the Mississippi, and for that purpose he sub- 
mitted his resolutions, iiow before us. 

In considering this subject, he would endeavour to give 
such a.n ansv.er to the several parts of the gentleman's obser- 



( 8i 3 

Vations as appears to him to deserve attention, as well as 
of those of the gentlemen who have followed him on the same 
side. He would take up the subject in the gentleman's 
own order. 

1st, That the Spaniards had captured our vessels and 
imprisoned our stamen. Of this there was no doubt. 

2dly; That they had permitted the French to fit out pri- 
vateers in their ports to cruise against our commerce. Thi& 
was also admitted. 

odly. That they had permitted French consuls in Spa- 
nish [roris to condemn our vessels taken by French cruisers. 
This was not denied. 

But he asked the honorable gentleman, if Spain has re- 
fused to make us compensation for the spoliations committed 
on our commerce, by her 07un subjects ? He asked, if Spain 
could avoid the acts committed by the citizens of France in 
her ports, when she herself had been constrained to sue for 
peace, and to accept it, on such terms as France inclined to 
impose? And he asked, if these aggressions did not happen 
during the late administration, when the gentleman and his 
friends were in full power : and whether it was then proposed 
to redress them by the sword ? These things are well known, 
and that our minister at Madrid was then charged to sue for 
redress for these ag-gressions, and that they were all in a train 
of adjustment, before tl\c present administration came into 
power ; and he asked, if we have it not now entirely in oui' 
power to settle the spoliations on our commerce by the subjects 
of Spain, in the same manner that former administrations 
have thought just and honorable, in like cases? And whether 
we have it not in our power to settle the aggressions of French 
citizens, in the pof .s of Spain, for fitting out privateers, and 
condemning our vessels by French consuls, upon the princi- 
ples oi strict moi-cditij^ if not on the more defined principles of 
the law of nations ? 

These complaints ought therefore to have been out of the 
question, and ought not nov»^ to have been brought forward to 
foment the difference between the two nations ; but were no 
doubt purposely intended to sour the American mind against 
Spain, and to prepare it to act intemperately on the present 
occasion. 

4thly. That they had obstructed our navigation of the 
Mississippi. This he denied. But that the intendant at New 
Orleans has put in force the law of Spain, interdicting the 

M 



( 6^ ) 

commerce of all nations with the Spaniards at Nev/ Orleans^ 
and that he had construed it, to prohibit our right of deposit 
there. ...he admitted ; but that his construction of that law is 
by the authority of Spain, he did not believe ; and our right 
being secured by treaty, must be paramount to that law. 

That all America would unite in asserting our right of 
deposit, secured to us by the solemnity of a treaty, he had 
no doubt, nor had he ever heard any gentleman of either' 
house, express one ; on the contraiy, they had unequivo- 
cally declared their opinion, that the right was all important, 
and ought to be secured at all hazard : but as to the 
means of doing this, gentlemen widely differed. He, 
for his part, felt it due to Spain, he felt it due to our national 
character, to knoxv^ whether the act was authorized by the 
Spanish governme^tt^ or justijicd by them^ before he could aS' 
cribe it to them^ and in this he was governed by the letter and 
the spirit of the law of nations, aad also by the spirit of our 
own government. 

But, sir, our own government is charged with a want of 
sensibility to the sufferings, and a total neglect of the 'N>^iolated 
rights, of the western people. ...but how justly.. ..the public will 
decide, on a candid review of their conduct. The moment 
the President obtained the information of this act of the /«- 
tendant at New Orleans, in arresting our right of deposit at 
that place, he applied to the Marquis de Casa Yrujo, the mi- 
nister of Spain, resident near the government of the U. States, 
who gave him the most positive assurances, that he hadnoknow- 
lege of the subject that would induce him to suppose that hi& 
Catholic majesty had any intention to violate the treaty, by" 
which that right had been secured ; and gave eveiy assurance 
of his majesty^s friendly disposition towards the United States 
....he at the same time sent dispatches to his own government 
on the subject ; and in his honest zeal for peace between the 
two nations, immediately dispatched a boat to the intendant 
at New Orleans : and also sent dispatches to the governor at 
Havannah....he also assured our government that the intend- 
ant, and the governor at New Orleans, differed in the con- 
struction of the orders given to the intendant by the Spanish 
government, which were, " to put in force the law heretofore 
in operation in the Spanish territory, prohibiting all kind of 
commerce with all nations, with that province,^' which had 
been suspended during the late war ; by virtue of which, the 
intendant, (although not a word was said about prohibiting 
our deposit at New Orleans) thought himself bound to prohi- 



i 83 ) 

bit the citizens of the United States from contracting with the 
Spanish merchants at New Orleans, for the storage of their 
goods at that place, which Tiad been secured by treaty. 

The President immediately gave it in charge to our minis- 
ters at Madrid and at Paris, to enquire into the aggression^ 
and whether it was done by the authority of either of those 
courts. He also enquired of the minister of France, Mr. Pi- 
chon, resident near the United States, whether he could give 
any information on that subject, as it became at least equivo- 
cal in whom the territorial right of New Orleans then was ; 
and therefore questionable whether the intendant might not be 
acting under the authority of France ; and here also we re^ 
csived assurances of the most friendly disposition, and that 
the intendant was not acting by the authority of France,. 

These were the natural, the legitimate^ and indeed^ the 
only measures he could adopt, till the meeting of Congress, 
No sooner had Congress convened, than he officially inform^ 
ed us of this aggression on our rights, and was so much alive 
to the western interest, that he immediately after proposed 
sending the honorable James Munroe, Esq. a special envoy^ 
to be united with our minister at Paris, or at Madrid, as the 
case might require, to place our western interests on the most 
secure basis.. ..who, going immediately from the United StateSj 
charged with our sensibilities on this recent violation of this 
invaluable right, would shew that we were not only alive to 
the subject, but very much in earnest, and would furnish the 
best founded hopes of success. This minister had been ap^. 
proved of, and was now on his way. This, sir, has been the 
conduct of the executive. 

But we are told that we have not a soldier to assert our 
rights.... not a soldier to avenge our wrongs ; and this also is a 
charge against the executive. What, sir ; has the gentleman 
forgot that the President has no right to raise a single soldier ? 
Has he forgot that the power of declaring war is vested in 
Congress alone ? No, sir ; these things he well knew, and that 
the President had done every thing he was authorized to do, 
and that both houses of Congress had approved of every step 
he had taken. But, sir, it is not difficult to account for gen- 
tlemen's extraordinary sensibility to the violated rights of the 
western people, or their pretended warnath and zeal to avenge 
their wrongs ; it is all to be found in the political history of the 
times.. ..it is with a design to stir up the western people to a 
belief that the government is insensible to their sufferings, and 
inattentKe to their interests.. ..it is wid> a view to a revolution 



( 8^ ) 

in the polillcal opinions of the western people ; but which they 
will see too plainly, to be beguiled from their path of political 
rectitude ; and the division in this case wiil shew it to be a 
party question, particularly when it is known that eveiy re- 
publican member in both houses of Congress, even those fron> 
the western country, approve of the pacific measures that have 
been adopted. 

We are told that no nation, either ancient or modern, 
had ever suffered such indignities. ...and we are now emphati- 
cally called on to avenge them by the sv/ord without asking for 
redress. Can this be right? No, sir; the honorable gentle- 
man from New York, (Mr. Clinton) yesterday proved, by 
a train of r.rguments not to be resisted, that it had been the 
practice and usage of the nations of Europe, to endeavour to 
setde their differences, first, by negociation, and not to appeal to 
arms till redress had been denied : and he would now shew 
by the law of nations, that the act of the intendant is not to 
be ascribed to the Spanish p-off ;-//;?;£"/??, unless done hy their 
mithcrity or approbation^ and that if the act had been done by 
authority, it would be violative C;f both the precepts and prac- 
tice of our own nation to avenge it by the sword, till negociation 
had been tried in vain. To the first point, he would shew by 
Vatel, 252, § "tZ^ " That as it is impossible for the best regu- 
*' lated state, or for the most vigilant and absolute sovereign, 
*' to model at his pleasure, the actions of his subjects, or to 
*' confine them to an exact obedience, it would be unjust to 
*' impute to the sovereign the faults of his subjects; we ought 
*' not then to say v/e have received an injury from a nation^ 
*' because we have received it from one of its members." 
Again, § 74, '■'• But if a nation approves the fact committed 
*' by a citizen, it makes the act its oxvn^ and the offence ought 
*' then to be attributed to the nation^"" 

But the honorable gentleman from Dekuvare, (Mr. 
Wells) tells us, that to excuse Spain from the act of the in- 
tendant, we ought to prove that the King of Spain did not 
authorize it... .What, are we to prove a negative ? He pre- 
sumed not ; but if we have recourse to the evidence in the 
case, which is all that time and circumstances will admit, we 
shall have no doubt on this subject. 

The Spanish minister tells us, it is not bv the authority 
of Spain. The French minister tells us, it is not by the 
authority of France. The go\'ernor at New Orleans says, it 
is by no authority ; but a misconception of the intendant's or- 
ders.. ..And the order to the intendant itself, shews, that it is 



( 85 ) 

to put in operation, a law, interdicting the right of all nations 
to trade, barter, or commerce with the Spaniards in that pro- 
vince, witliOLit mentioning our right of deposit, secured to us 
by treaty, /;(5,y/t'/7or, \m.(\. paramount X.Q that law, which must be 
satisfactory, (being tlie best, nay, the only evidence to be now 
expected,) that the act is without authority. Yesterday we 
were told by the honoi'abie gentleman from Delaware, (Mr. 
White) that there was a private letter in town from New 
Orleans, " that the act was by the authority of France." To- 
day he presumed that was given up, as his honorable col- 
league.^ (Mr. Wr.LLs) tells us that he understands the President 
has received a letter on this subject, " avowing the authority 
of Spain to do the act." This he conceived equally incorrect. 
.Can it be believed, sir, that the executive can be in possession 
of a document of such importance, and while we are acting 
on the subject, accrete it from us i No, sir, it would be to 
make him an accessary... .it is impossible. ..it cannot be true.... 
there is then no evidence that it is the act of Spain, vmless we 
substitute our inclinations for evidence, and thus violate the 
law of nations, by unjustly ascribing it to her. This, he 
trusted, would not be done. But, sir, if it had been done by 
her authority, still he should insist, that it would not only be 
contrary to the practice and usage of the nations of Europe, 
to draw die sword of vindictive justice, without a previous at- 
tempt at ncgociation, as was yesterday proved by the honora- 
ble gentleman from New York, (Mrl Clinton) but highly 
repugnant to the milder precepts and principles of our own 
nation. And as he did not wish to cross the Atlantic for au- 
thorities, having never been attached to the precepts, or 
practices of kings or princes, or an admirer of the precedents 
of the old world, he would leave them on the ground they 
were placed by the gentleman from New York, (Mr. Clin- 
ton) and confine himself to the histor}' of our own govern- 
ment, and to the principles and practices of our own Wash- 
ington. Disregarding the maxims of despots, he would 
recur to the archieves of our own short, though very impor- 
tant political history ; and to the salutary principles of our own 
free government ; from whence he would prove that we ought 
never to appeal to the sword, that scourge of nations... .that 
^' ultima ratio region^'' but from dire necessity. 

He would begin with our own political history, even 
before we had an independent existence, in order to correct 
the honorable gentleman from New Jersey, (Mr. Dayton) 
who yesterday told us, that when we were colonies, no sooner 
had Great Britain violated our rights, than we appealed to the 



( 86 ) 

Sword, Sir, he asked, if America did not then by petition 
humble herself at the foot of the throne ? Did she not address 
petition upon petition to the British monarch ? nay, he asked, 
if she did not, by her repeated remonstrances, drain the cup 
of humiliation to its dregs, in her supplications but for jus- 
tice ? nor did we draw the sword until every effort had been 
tried in vain ; nor then, till compelled to act on the defensive ; 
then too, every thing dear to us, and to posterity, was in 
issue. ...then were we called on to resist the treasonable claim 
of the J3ritish parliament, to tax us, in all cases, without our 
consent, which they were about to enforce by the sword. 
This was not the partial invasion of a minor rigiit, it was a 
vital stab at liberty itself. He asked, if by our temperate sup- 
plications, our cause was injured, or if our confidence did not 
increase with our moderation, whereby we were enabled to 
secure by the sword, what had been denied to our supplica-- 
tions ; and whereby our virtuous struggle was crovmed with 
independence ? 

Again No sooner had Great Britain acknowleged us 

independent, whereby we had taken rank among the nations of 
the earth, than she violated the compact that gave us our poli- 
tical existence, even while we lay in swadling clothes, in the 
cradle, in the infancy of our government. Did she not take 
away our negroes ? Did she not keep possession of our wes- 
tern posts ? Did not lord Dorchester excite the Indians, with 
the tomahawk and scalping knife, to massacre our peacea- 
ble frontier inhabitants, of all ages, sexes, and conditions ? 
Did she not capture our vessels and impress our seamen ? 
What then, 1 ask. Was the conduct of the nation ? Who then 
presided in her councils ? Was it not Washington ? Did he ap- 
peal to arms ? No, sir, he sent a minister to sue for redress, 
as has been done upon the present occasion. Were not the 
aggressions then much greater than the present ? and will it 
be' said that Washir.gton was not a faithful guardian of the 
national interest.. ..of the national honor ; and were not the 
injuries redressed by the treaty of 1794, to the satisfaction oi" 
the councils of the nation ? 

Again... .Did not Spain commit spoliations on our com- 
merce, and imprison our seamen ? Did not Washington then 
preside ? Did he appeal to arms ? No, sir, he sent a minister 
to sue for redress, as has been done upon the present occasion ; 
and were not the injuries redressed by the treaty of 1795 ? 

Again.... Did not France capture our vessels and imprison 
our seamen ? Did not Washington then preside ? Did he ap- 
peal to arms r No, sir, he sent ministers to sue for redresc... 



( sr ) 

Were not these ministers rejected ? and thus insult added to 
injury ; did he then appeal to arms ? No, sir.... Mr. Adams 
then came into the administration.. ..Did he appeal to arms ? 
No, sir, he sent a new set of ministers who were received, 
and who made the m-emorable treaty which was ratified by 
Mr. ^(st/w* in February, 1801. 

Again.... Did not Spain capture our vessels and imprison 
our seamen ? Did she not permit the French to fit out priva- 
teers in her ports, to cruise against our commerce ? Did she 
not permit French consuls to condemn our vessels in her 
ports ? Then Mr. Adams, who presided in our councils, sent 
a minister to negociate, and these aggressions are now in a 
happy train of adjustment ; and there is little doubt will be 
settled on just and moral principles. 

Thus, sir, you see what has been the practice and usage 
of the United States, since they have been an independent 
nation ; and that too, under the imposing auspices of a Wash- 
ington. He would now shew, that so tenacious had been the 
government, to cultivate the arts of peace, that she had 
guarded it in her constitution, and ingrafted the principles in 
her treaties. By the constitution, the power of declaring war 
is v^ested in Congress ; and not in the President ; least the 
caprice of an individual might commit the peace of the nation* 

By the treaty with Prussia, made under the auspices of 
the immortal Franklin, in 1785, the great principle was first 
established, that in case of a war, neither captures nor repri- 
sals shall be made. It is stipulated in the 23d article, " that 
" in case of a war between the two nations that all merchant 
*' vessels employed in exchanging the products of different 
*' places, and thereby rendering the necessaries, conveniences, 
*^ and comforts of human life more easy to be obtained, and 
" more general, shall be allowed to pass free and unmolested '. 
** and neither of the contracting powers shall grantor issue any 
" commission to any private armed vessel to take or destroy 
** such trading vessels, or interrupt such commerce." By 
the treaty with Great Britain, in 1794, it is stipulated, " that 
*' no reprisals shall be made for spoliations till an attested 
" statement of the damages is prcsented,.and justice demand- 
*' ed and refused, or unreasonably delayed." By the treaty 
with the Creek nation of Indians, article 8, and b}' the treaty 
with the Dclazvare nation of Indians, article 4, it is expressly 
stipulated " that their nation shall not avenge the wrongs com- 
*' mitted by the citizens of the contracting parties, but that 
*' the offenders shall have an impartial trial, and the peace of 



( 88 ) 

*' the natives be preserved." So far is our pence secured by 
the stipulations in treaties ; and he would next shew that it 
had been established as a principle, to preserve the peace of 
the nation, and to regulate its equanimity ; that where we had 
a treaty with one nation, we are bound to treat all nations in 
like manner, although we have no treaty to that purpose. See 
the letter of general Washington, dated 5th September, 1793, 
to G. Hammond, Esq. in the 2d vol.' lav,s of the United 
States, 493, " We are bound by our treaties with three of 
*•' the belligerent nations, by all means in our power^ to pro- 
" tect and defend their vessels and effects, in our ports, or 
" waters, or on the seas near our shores, and to recover and 
*' restore the same to the right owners when taken from them. 
"If all the means in our power are used, and fail in their 
" effect, we are not bound by our treaties with those nations 
*' to make compensation." 

" Though we have no similar treaty with Great Britain, 
" yet we should use tov/ards that nation the same rule, which 
" under this article, was to govern us with the other nations ; 
" and even to extend it to captures made on the high seas, and 
*' brought into our ports, if done by vessels that had been 
" armed v/ithin them." Thus, sir, had it been shewn what 
had been the practice and usage of foreign nations. ...and thus 
had he shewn what had been the practice and usage of our 
own nation, in the cases that had occurred during our short 
history.. ..and that all nations are entitled to equal justice ; 
and all these cases have occurred under the venerated W^ash- 
ington... .except the memorable Yvcwch. federal^ treaty under 
Mr. Adams, in February, 1801. And yet we v/ere yester- 
day told by the honorable Mr. White, " That Washington 
would have borne no such insults".... No, sir : that he be- 
lieved, not v/ithout seeking redress ; but whether in a peace- 
able legitimate manner, as has been pursued upon the present 
occasion, or by the sword, as is now proposed ; from what has 
been already shewn, there can be no question. ...but the same 
gentleman, (Mr. White) after charging France with this 
violation of our rights, in the fervor of his mind, exclaimed.... 
'- if this be peace... .Gijc/ give xis tt'ar".... which God forbid, as 
every good man in the nation must deprecate war. Wash- 
ington, however renowned in war, was certainly the friend of 
peace, and very much contributed to the establishment of our 
fiational character, " to prefer the pacific olive, to the bloody 

* lidaal — it is presumed, because every republican senator voted ajiunst it. 



( 89 ) 

taurel," a character too dear to us to be now sullied by an un* 
exampled departure from its christian principles, or ever to 
be sacrificed on the altars of vengeance against any particular 
nation.... but some gentiemcH speak of a war on this occason, 
with seeming pleasure, as necessarily leading to a connexion 
with Great Britain, and thereby drawing us into the vortex 
of European politics and perpetual war. The honorable gen- 
tleman from Pennsylvania, (Mr. Ross) and the honorable 
gentleman from Delaware, (Mr. White) have both declared 
that we ought to take immediate possession of the mouth of 
the Mississippi, predicating their argiuiicnts on the violation 
of our rights and the magnitude of the subject. ...yet the ho- 
norable Mr. Wells has gone farther, and declared that he was 
for taking possession of New Orleans, at all events^ whether 
the act complained of was avithorised or imauihorised, thsitthc 
possession of that place was of such importance that we ought 
to possess it.. ..and after telling us, (but wuth a bad grace) that 
there is no reliance on the faith of treaties, and after repro- 
bating, what he called the profligate doctrine of the nations of 
Europe, " That treaties were no longer binding than it was 
their interest to respect them ;" advises us to adopt that infa- 
mous practice, by taking immediate possession of New Or- 
leans, supposed to be the property of France, who had not 
offended ; that if France once gets foot-hold there, it will be 
too late, and although it is admitted, that France has done us 
no injury, yet are we pressed to violate the faich of our treaty 
with that nation, by taking possession of her territory ; that 
nothing short of the possession of Terra Firma^ can secure us 
in the free navigation of die Mississippi ; thus are we invited 
by the lure of interest to commit the character of the nation, 
in violation of every moral principle, and contrary to the law 
of nations. 

Vatel, 150, § 104, tells us, " That the end of war must 
*' be lawful, to ligitimate the means ; that the cause must be 
" just ; that one nation is not allowed to attack another for the 
*' purpose of aggrandizement ; this is the same as if a private 
" person should, endeavor to enrich himself by seizing the 
" wealth of another," Again, Vatel, 349, § 220, says, "The 
'"'' faith of treaties is holy and aacred between the nations, 
" whose ficifcty and repose it securen ; and if people would not 
" be 'wanting to themselves, infamy would be the share of 
" him who violates his faith.'*'' And if it be the practice of 
the nations of Europe to disregard their treaties, he hoped we 
should not copv their vices, but that it might be confined to 

N 



( CO ) 

thei*n ; it was so demoralizmg an idea, that he hoped it would 
never again be advocated on that floor ; sure he was it could 
not meet, as it did not merit, the approbation of the na- 
tion. ...he wished for peace with all nations, and should there- 
fore always observe the most exact and inviolable fidelity, in 
the execution of the treaties between us and them. He for 
his part had no foi-eign attachments, no national feelings but 
those of an American ; no rule but the law of nations, and 
the existing treaties ; and however bad the bargain.... they 
should rule his conduct, as the only sure means to preserve 
t!ie peace of the nation, so much the desire of every good 
man. ...war he conceived justifiable only in self defence. 

But the honorable gentleman from Pennsylvania (Mr. 
Ross) tells us, that a right so in^pOrtant ought not to be held 
by a tenure so precarious : What bettei' security can a nation 
exact to secure the enjoyment of her rights with foreign na- 
tions? Does he expect she will give us hostages ? He pre- 
sumed not.. ..treaties are the legitimate compacts to bind na- 
tions to each other, they are such as are known to the law of 
nations, by which are secured in our foreign relations, our most 
important rights, and he trusted, would be always so respected 
by all honest men, as to afford the utmost security.... and he 
hoped that all infractors of them might be brought to condign 
punishment. 

The gentleman from Massachusetts, (Mr. J. Mason) said 
he was not for war, that these resolutions did not propose war ; 
would the gentleman consider it as war if a foreign army 
should land at Boston ? Vv^ould he believe the herald that 
shoiild proclaim that 50,000 men w^ith arms in their hands, 
and with military equipage, who had landed in the city, had 
come only on a friendly visit?... .He presumed not! Sir, these 
resolutions arc more than a declaration of war, they cany the 
war into actual effect, whereas the declaration only authorizes 
it... -.to his ihindthey presented the question of peace or war. 
VVc htive been told that the western people would take up 
arms to po^ssess themselves of the right... or would throw them- 
selves into the arms of a foreign power, as they could not 
subsist v/ithout it. No, sir ; there is not a good citizen in 
that country that would abandon his invaluable rights of a 
freeman, or'the title oi an Aniericwi Citizei}^ to be the subject of 
any nation upon earth ; riordid iie think it possible to alienate 
their affections from their own government, or to shake their 
confidence in the present administration ; and although the 
admini'stnition is charged with indifference to their interest, 



( 91 ) 

tliey will not believe it, they know that the steps that have 
been heretofore taken in all past cases, of our violated rights, 
have with promptness been taken in this case ; thef know 
that a minister has been sent,. ..and they well know that eighty 
thousand militia have been put in requisition, and arsenals 
established in that country, and a number of gvm boats or- 
dered to be built for the protection of their commerce in the 
Mississippi ; with this they ought, and will be satisfiecl, as 
they expect but equal justice with the other parts of the union, 
and this, they may with certainty expect. It hath been em- 
phatically asked, what would be our conduct if the Chesa- 
peake was blockaded ? He said, the sam^ as if the Mississippi 
was blockaded^ (but that was not the case.) He, for his part, 
should never be influenced by geographical distinctions, 
every part of the union was alike intitlcd to the protection of 
government, and should alike have his support in all similar 
cases. ...he did not believe the insinuation, that there was a 
spirit of sedition in that country, that could be fanned into a 
flame against the government ; they well knew^ the attention 
that has been used from the earliest period of our govern- 
ment to secure the navigation of the river Mississippi. ...by 
the treaty that secured us our independence, and gave us 
existence as a nation.... in the 8th article of that treaty, the 
freedom of the navigation of the Mississippi was secured.... 
even before the western country v/a^i fairly explored, or had 
a name... .that afterwards, by the treaty of San Lorenzo el 
Real, in 22d article thereof, the freedom of the navigation of 
the river, and also the right of deposit at New Orleans, (for 
three years) was secured ; and afterwards there^ or at such 
equivalent place on the banks of the Mississippi, as the king of 
Spain should assign : but it would seem from the arguments 
of the gentlemen who press us to go to war, that these rights 
were now proposed to be abandoned, although every step that 
the nation can take, consistent with good faith, the law of 
nations, the practices of foreign nations, and of our ov/n na- 
tion, in like cases have been taken. 

But the magnitude of this subject has been played off with 
vast address, by honorable gentlemen on this occasion. One 
tells us it will take 250 ships, of 250 tons burthen each, to 
export the products of the western people that come down the 
Mississippi.... Another tells us that their exports are upwards 
of 4 millions of dollars ; and a third, that it Avill ruin 500,(X)0 
citizens, whose property is embargoed by the suspension of the 
right of deposit.. ..and this they press, as if they intended the 



( 92 ) 

magnitude of the object^ as an argviment to influence the deci- 
sion of the principle upon which we were to decide the question. 
He, for his part, admitted the importance of the right of de- 
posit, and that it ought, at all hazard, to be secured. He saw, 
with great pleasure, the rising greatness of the western coun- 
try, which was to be ascribed to the long peace and prosperity 
of the nation.... but he could not admit the gentlemen's state- 
ments, either as to the quantity of produce to be exported, or 
the consequettf quantity of ships it would take to export them. 
He could not tell where the gentlemen had obtained the data 
from which they had made their estimates ; but he was sure, 
it was not from the official documents on the subject, to which 
he should take the liberty to refer, to correct them ; the cor- 
rectness of which could not be questioned. The whole ex- 
ports from the ofiicial report last year, were, 71,957,144 dolls. 
The part that is foi-eign of that is, 35,774,971 dolls. That of 
the produce of the United States, 36,182,141 dolls. The 
exports from the Mississippi, last year, 1,095,412 dolls,... And 
not 4 millions, as has been stated, so diat however important 
it was, ic was far below the gentlemen's statement ; who are 
so zealous for the interest of that country, as to have lost sight 
of every other part of the union ; and indeed, to have over- 
looked the real interest of that part, they affect to have so 
much at hearto They tell us that all their property is now em- 
bargoed. But, sir, he asked, would a war relieve it ? and would 
it not embargo the other 35 millions of our productions, 
and greatly distress 5,500,000 citizens ? and instead of seciir- 
tng to the wesieni people^ the immediate use of the right of 
deposit^ would most certainly deprive thera altogether of the 
navigation of the Mississippi, and thus involve all in distress, 
without relieving that part ; but more severely injuring it.... 
He wished every member of that country was present. He 
was satisfied they would be opposed to it, themselves. It is 
well known that the Spaniards have a number of gun boats at 
New Orleans, and can entirely command the navigation of 
the river at that place. But, sir, it hath been (and he thought, 
cruelly) insinuated, that the western people will throw them- 
selves into the arms of a foreign power ; but this thei/ would 
consider as a libel against their political integrity, and defeat 
the gentlemen's object. They well knew, that the Atlantic 
states held the key of the Mississippi, that a single frigate 
could block it up, and compel the Spaniards above, to do them, 
justice, by the influence of their own safety in the case. He 
would beg leave to refer to the official valedictory address of 



( 93 ) 

General Washington, ^vhich is highly authoritative on this sub- 
ject ; and leave it with the western people to make the appiica- 
tion. He tells us, that, '' the unity of government, which 
*' constitutes you one people, is also now dear to you. it is 
*' justlv so ; for it is a main pillar in the edifice of your real la- 
" dependence, the support of your tranquillity at home, oi ;, our 
" peace abroad, of your safety, of your prosperity.. ..of that very 
*' liberty you so highly prize. But it is easy to foresee, that 
*' Hvom dij/'e rent. causes^ ixndiTom d^'ercmt quarters^ much pains 
" will be taken,many artifices employed,to xvcaken in your minds 
" the conviction of this truth ; as this is the point in your poli-^ 
" tical fortress, against which the batteries of internal and ex- 
*' ternal eriemics, will be most constantly and actively (though 
" coverthj and insidioitshj ) directed ; it is of infinite moment 
*' that you should properly estimate the immense value of your 
" national union, to your collective and individual happiness , 
■" that you should cherish a cordial, habitual, and immoveable 
" attachment to it ; accustoming yourselves to think, and 
" speak of it, as of the palladium of your political safety and 
" prospei'ity ; watching for its preservation with jealou/i 
" anxiety ; discountenancing xvhatever may suggest even a sns- 
*■'■ picion that it can in any event he abandoned; and indignantly 
'■'■Jrozuninp- upon thejirst daxuning of every attempt to cdienatc 
" any portion of our country from the rest^ or to enfeeble the 
" sacred ties xvhich noiv link together its various parts.'''' 

Again,..." the east, in its intercourse with the west, already 
" finds, and in the progressive improvement of interior com- 
" munication, by land and water, will, more and more, find 
" a valuable vent for the commodities which it brings from 
" abroad, or manufactures at home. The v/est derives from 
" the east, supplies for its growth and comfort ; and what is 
" perhaps of still greater consequence, it must of necessitii 
" owe the secure enjoyment of indispensible outlets for its own 
" productions, to the weight and influence of the future mari- 
'■'• time strength of the Atlantic side of the union, directed by 
" an indissoluble community of interest as one nation. Any 
" other tenure by which the west can hold this essential advan- 
" tage, whether derived from its own separate strength^ or 
'' from an apostate and unnatural connexion xvitk ani] foreign 
'■'■ poxver^ must be intrinsicalhf precarious." Again...." In 
" contemplating the causes which may disturb our union, it 
" occurs as matter of serious concern, that any ground should 
^^ have been furnished for characterising parties by geographi- 
/^ cal discriminations, northern and southern, Atlantic and 



( 94 ) 

" western ; whence designing men niay endeavour to excite a 
" belief that there is a real difference of local interests^ and 
" viexvs. One of the expedients of party to acquire influence 
" within particular districts, is to misrepresent the opinions 
" and aims of other districts. You cannot shield yourselves 
«' too much against the jealousies and heart-burnings which 
" spring from these misrepresentations ; they tend to render 
" alien to each other, those who ought to be bound together by 
" fraternal affection. The inhabitants of our western coun- 
'' try have lately had a useful lesson on this head ; they have 
" seen in the negociations by the executive, and by the unani- 
*' mous ratification by the senate, of the treaty with Spain, 
'' and in the universal satisfaction at that event, throughout 
*■'■ the United States, a decisive proof how unfounded were 
*' the suspicions propagated among them, of a ix)licy in the 
<■'■ general government, and in the Atlantic states, unfriendly 
*' to their interests, in regard to the Mississippi : they have 
*' been witnesses to the formation of two treaties ; that 
'• with Great Britain, and that with Spain ; which secure to 
" them every thing they could desii-e, in respect to our foreign 
^* relations, tov/ards confirming their prosperity. Will it not 
*' be their wisdom to rely for the preservation of these advan- 
*' tages, on the union, by which they were procured ?. Will 
" they not henceforth be deaf to those advisers^ if such there 
" arc, who woiUd sever them from their brethren, and co7i- 
" nect them tvith aliens." 

These, sir, are the sentiments of the venerated Wash- 
ington ; whom the gentlemen are forever dragging from his 
tomb to degrade, as an authority for their evil measures, or 
as a cloak for their sinister designs ; but whom they M'ill not 
respect upon this topic ; he, sir, at the time of the formation of 
our constitution, this patriot witnessed the difficulty of uniting in 
one common compact so different and so distant interests, and 
with a prophetic spirit has foretold what is now attempted ; 
whose advice appears to have been written by the pen of wis- 
dom, and the finger of love, and he hoped would be forever 
imprinted on the heart of every real American, and that its 
practical utility on the present occasion, may more deeply 
impress it, and that it may be as lasting as the archives in 
wiiich it is lecorded. How different is this advice from tiiat 
of the honorable gentleman from Pennsylvania, (Mr. Ross.) 
Washington advises peace and concord.... the other war and 
insurrection. Washington advises us to preserve the union, as 
the rock of our political salvation.. ..the other says the Avestern 



( 9a ) 

people ought to dissolve it, and act for themselves. Washing- 
ton tells us that disunion is the rock on which the bark of the re- 
public will be shipwrecked.. ..the other is the pilot that wishes 
to clash us on this rock. Washington tells us that the geogra- 
phical distinction of the esst and of the west, of the At- 
lantic and of the south, are the engines that our internal and 
external enemies will use to disunite us... .the other the inter- 
nal enemy to put this engine in motion. Last year we were 
told that if we repealed the judiciary law, the eastern states 
would separate from the union ; now we are told that il we 
do not go to war, the western people will separate from us, 
and will throw themselves into the arms of a foreign power: 
And what is the expedient the gendeman advises us to adopt, 
to remedy the evil ? Nothing less than treason against the U. 
States, and treason against our own political opinions ! The 
honorable gentleman from Pennsylvania, (Mr. Ross) in the 
plenitude of his goodness, tells us, " that us we have neither 
" inclination or understanding to conduct the affairs of govern- 
" ment as we ought, that if we will but let him conduct it 
" agreeably to his better judgment, that all his friends, in 
" both houses of Congi-ess, and out of doors, should unite in 
" supporting the measures of the government." This, sir, is 
a wonderful species of friendship and condescension. ...it is in 
fact an humble proposition to exercise the functions of Presi- 
dent of the United States ; and is it possible he can expect we 
should revoke our confidence from the man the people had in 
their wisdom selected to execute these high and important 
functions, and repose it in hinr whom the people had dimiss- 
ed from the execution of all political functions P This would be 
to prostrate the great elective principle, the palladium of our 
political rights, the very soul of our constitution, and is such 
an evidence of his 77iodestij^ that he hoped it v/ould become 
proverbial. Could we consent to this violation of our duty to 
the nation, what would be the consequence ? War, the scourge 
the curse of nations. And who is it, sir, that wishes it ?.... 
Both the gentlemen from Delaware have told us, " that they 
" feel themselves authorised by the opinion of the legislature 
" of their state, in advocating the present measures for war." 
He, for his part, was happy to act agreeably to the sense of 
his ov/n, and many other states, who have expressed their 
entire confidence in the present administration, and their full 
approbation of the pacific measures that had been adopted- 
Do the farmers wish a war ? No. Do the merchants w h a 
war ? No. ' Do any description of citizens wish a war ? No ! 



( 90 ) 

And he asked the lionorable gendemen from Dehxwai'e, if die 
conscientious, the scrupulous Quaker, the pious, the pacific 
Methodist, the meek,- the virtuous Nichohte (so many of 
whom reside in their state) Avish for the effusion of human 
blood, or the destruction of the human race? He presumed 
not ; and that they would give such evidence of it, as the legis- 
laticrtoi that siate would not admire ; and prove that the mi!d 
spirit of Christianity which they professed, which breadie& 
peace and good will among the sons of men, was more than 
a simple profession. He believed there were none who 
wished for war, but the few who sickened at the justly econo- 
mic character of the present administration, and who were 
desirous to create expenses, to drain the treasury^ interrupt 
the rapid discharge of our public debt, and to coerce new 
taxes, to jeopardize that character, and to take that chance, 
as their last forlorn hopc^ to revive the spark of their extin- 
guished popularity ; but he believed every real friend to the 
peace and prosperity of the nation, would be pleased at their 
disappointment. 

• Having nearly exhausted himself, he feared he had tres- 
passed too long on the patience of the house, he would there- 
fore very briefly conclude, with a few remarks on the resolu- 
tions themselves. 

1st. " That the United States have an indisputable right 
to the free navigation of the Mississippi, and to a convenient 
place of deposit for their goods and merchandize in the island 
cf New Orleans y This is not the fact, the right is at New 
Orleans for tkree ycars^ which have passed, and then at that 
place^ or at such other place^ as the king of Spain may assign 
on the banks of the Mi.-isissippi, therefore, that resolution was 
inadmissible. 

2d. >' That the infraction of such their unquestionable 
right, is an aggression hostile to their interest and their ho- 
nor." This is no infraction of our treaty, unless done by the 
authority of Spain, of which we have no evidence. 

3d. *' That it does not comport with the dignity of the 
United States, to hold a right so important by a tenure so 
precarious." The right is secured by treaty, the most secure 
tenure that a nation can claim to have its rights secured by, in 
its foreign relations. ...as hostages cannot be demanded. 

4th. " That it materially concerns such of the American 
citizens as dwell ou the western waters, and is essential to the 
union, strength, and prosperity of these states, that they obtain 
cv.nplcte security for the full and peaceable enjoyment of such 



( ^JJ' ) 

their absolute right." This resolution stands explained by 
the following one which directs die President to take i,nme' 
dicite possession ofxhe territory. ...Vi'i the complete security con- 
te/nj&/6f^^/.... and therefore could not be admitted : the other 
resolutions' are predicated on the foregoing, and are, there- 
fore, inadmissible.. ..he should, therefore, give them his hearty 
negative, with a view to support the resolutions of the honor- 
able gentleman from Kentucky, (Mr. Breckenridge) which 
had been pro;:osed by way of amendment, which he considered 
unexctptionabJe, and as much to be preferred, as peace was 
preferable to war. 

Mr. Ross rose and said, that the propriety of introducing 
these resolutions became everyday more apparent. Since they 
had been laid on the table, our national councils had taken a new 
direction, and had assumed a much more promising aspect. 
Until these resolutions were brought forward, there had been 
no military preparation ; no proposal to detach militia ; to 
build arsenals on the western waters ; to provide armed boats 
for the protection of our trade on the Mississippi. He was 
happy in seeing gentlemen on the opposite side, pursuing a 
more vigorous course than they were at first inclined to adopt, 
and he hoped they would, before long, consent to take stronger 
and more effectual measures for the security of what was in 
hazard. 

As he had, on a late occasion, stated at large his reasons 
for presenting the resolutions, he v.'ould not detain the senate 
with a repetition of them, except where they had been nuis- 
represented or distorted during the debate. He could not 
suppose that any gendemen would intentionally mistate v.'hat 
had been said ; but it was very certain that sentiments and 
assertions had been ascribed to him, in the com^se ot the dis- 
cussion, not warranted by any thing he had advanced. 

Every gentleman who has spoken in this debate, except- 
ing the honorable gentleman from Maryland, (Mr. Wright) 
admits that the United States have an indisputable right to 
the free navigation of the river Mississippi, and to a place of 
deposit in the island of New Orleans. All agree that this 
right is of immense magnitude and importance to the western 
country. All agree that it has been grossly and wantonly 
violated.... and all agree, that unless the right be restored and 
secured, we must and will go to war. Upon what then do 
we really differ ?.... Upon nothing but the time of acting.... 
Whether we shall take measures for immediate restoration 
and security, or whether v/e shall abstain from all military 

O 



( 98 ) 

preparation, and wait the issue of negociation. There is no 
disagreement but upon this point ; for if negociation fails, 
every man who has spoken has pledged himself to declare 
war. 

A number of the objections made against the adoption 
of measures we have proposed, deserve to be noticed. 

The honorable gentleman from New York, (Mr. Clin- 
ton) had displayed considerable talent and elaborate re- 
search into ancient and modern history, shewing what 
had been the practice of nations.... He had collected all 
the objections together and classed them under three heads 

. Other gentlemen who had spoken in opposition had 

taken nearly the same ground, and made in substance the 
same objections: He would, therefore, follow the arrange- 
ment made by the honorable gentleman, (Mr. Clinton) and 
he was persuaded that it would be easy to shew, he had in 
many instances mistaken the most material features of the 
audiorities he had adduced, and more than once mistated the 
positions which he undertook to refute. ...He has, however, 
admitted the magnitude of the right, that it has been violated, 
and that if negociation should fail, we must go to war. He 
has made objections under three heads. ...this method had the 
merit of perspicuity, and he would follow it. 

1. That it is doubtful whether the infraction is or is not 
authorised. 

2. That negociation ought, in justice, to precede the 
employment offeree. 

3. That reasons of policy dissuade from using force at 
present, even supposing we have just cause of immediate war. 

The first objection had already been amply refuted by 
the gentleman from New Jersey, (Mr. Dayton) the gentle- 
man from Massachusetts, (Mr. Mason) and the gentleman 
from DelaAvare, (Mr. White.) He would only further re- 
mark, that whether authorised or not, is not now very mate- 
rial.. ..If authorised, the temper, the design must certainly be 
that of an enemy, and you should act accordingly.... If unau- 
thorised ; seize the culprit and send him home to his master, 
who will punish him for a breach of duty.... Let him answer 
with his head for embroiling two friendly nations who wish 
to live in peace.. ..Why wait till vou can send three thousand 
miles and enquire whether he had orders or not ?....He is 
visibly a wrongdoer : remove him, and protect what he would 
wrest from you. No man when proceeding on the highway 
to market, and stopped by his neighbor's servant, would send 



( 99 )• 

out into the country to enquire whether his master had au- 
thorised the outrage. No, he would punish and remove the 
aggressor, and proceed on his journey, leaving tlie circum- 
^stance of orders, or no orders, to be settled between himself 
and the master afterwards. Besides, in this instance, the 
person inflicting the injury declares he has no right to the 
countiy. If so, why make enquiry whether he has orders ? 
No orders could give him authority to interfere with your 
unquestionable right, where his master pretends to no right 
himself. 

Under this head of aggression and spoliation, the sena- 
tor from New York, (Mr. Clinton) in a tone and manner 
little decorous in debate, had declared it to be within his 
(Mr. Ross's) knowlege, that indemnity had been provided 
by Spain for the spoliations committed upon our trade, and yet 
the assertion had been made, that Spain had refused all re- 
dress for injuries of that kind ; and the gentleman alluded to 
documents before the senate, which were under the injunction 
of secrecy. 

Sir, said Mr. Ross, I have seen those documents, and I 
now repeat and re-assert, that I know nothing to warrant the 
opinion or belief that Spain will make compensation for all 
spoliations of our merchants, or for the greater part or mass 
of them. I certainly never did say that Spain had refused all 
redress ; for it will be recollected by all present, that I ex- 
pressly stated, the other day, the injury done to us by the 
Spaniards themselves in every place they had found our flag.,.. 
and that our vessels were carried into their ports by French 
cruisers^ condemned without the semblance of a trial^ and our 
citizens thrown into prison. That if we cook possession of 
the country on the Mississippi, we should have an ample fund 
in our hands to compensate all our merchants who had suf- 
fered from the conduct of the Spaniards ......that the merchants 

would willingly accept such an advantageous off"er :..,.and that 
otherwise there was no reason to hope that they would all be 
indemnifed: and I now return to that gentleman his own 
words, that he does know, and must be sensible, from the very 
documents he has alluded to, that there is little, if any hope, 
that the great body of injuries and losses sustained by our 
merchants from the Spaniards in different quarters of the 
world, and the conduct of the French in Spanish ports, will 
ever be compensated or paid by Spain, unless in the mode 
that I had suggested. 



( 100 ) 

The same gentleman had said, that we have no facts re- 
specting Spanish spoliation authenticated and reported to us, 
and offers this as a further reason for delay and negociation. 
The facts of spoliation, and vexatious, oppressive conduct 
towards our nierchcints, and seamen, as well on the sea as 
within tht; jurisdiction of the Spanish government, both in 
Europe and Aimerica, were so notorious, and of such extent 
and continuance, th?.t no man could doubt, or deny the aggra- 
vated series of outrage and oppression which we had expe- 
rienced. Although the execative, or other ofncers of govern- 
ment may not have collected and reported these complaints to 
this house., vet this forms no excuse for the aggressors, much 
less a reason vvhy we should abstain from gi\'ing' r.ttention to 
them, while considering indignities of another description. But, 
that the gentleman might never again be able to say that he had 
met with no authenticated case of spoliation by the Spaniards, 
he would now produce and read one to the senate, which had 
been delivered to him for the purpose of obtaining the aid of 
our government to get reparation. The men who had been 
robjed were industrious inhabitants of the v/estcrn country^ 
who lived near Pittsburg. Thev descended the Mississippi' 
with a cargo of Hour, and finding but a low market at New 
Orleans, shipped their fiour on board of an American vessel, 
and after being two or three days at sea, were taken by Spanish 
vessels, carried into C?mpeachy, their flour sold, their captain 
cast into prison, themselves restrained of their liberty ; several 
died in this captivity ; and those who retvn-ned home had no 
allovv'ance made to them by the Spaniards for their property 
thus unjustly captured ; and of course they only returned to 
witness the ruin of their families by a loss of property which 
they had not the meaTis of paying for, having purchased on 
credit. There could be no excuse for the capture ; these men 
lived in the interior country, they were cleared out from a 
Spanish port, in an American vessel : yet all these circum- 
stances could not save them from the rapacity of the Spa- 
niards. 

[Here Mr. R. read the protest of several American 
citizens before Mr. Morton, the American consul at Havan- 
nah, stating the capture of their vessel, their captivity at 
Campeachy, the loss of all their propert)', and that they lived 
in the western country, from which they had gone down the 
Ohio with this flour to New-Orleans.]* 

* This case proved to be of a very dif'crent cliaracter; the captain in 
question appears to littve been enj^a^ed in tr.tns.'ictions of a grossly illegal cha- 
racter. 



( 101 ) 

Mr. R. said here was a case of prodigious hardship and 
oppression arising out of the very trade and intercourse which 
the Spaniards had at last undertaken to obstruct and destroy ; 
and therefore he thought it proper to be brought forward 
during this discussion, to shew the temper and the conduct 
•of these people towards us before they had proceeded to the 
last extremities. 

The second position taken by the gentleman from New 
York, (Mr. Clinton) and indeed by idl who had spoken 
against the resolutions, amounted to this :....That,every nation 
was bound to demand satisfaction for an Injury before It em- 
ployed force for redress ; and that a refusal of satisfaction 
must precede the use of force. 

However humane or salutary the general principle might 
be, certainly It did not hold universally, or to the extent that 
gentleman contended. No book, no writer of authority, had 
ever contended that this principle should operate when the 
essential rights, the well-being, or the peace of ihe country 
were exposed to danger, and the rule had no application but 
to inferior or minor rights of the society, where delay and 
negociation might be safely resorted to. No man could say, 
that this rule would hold where an army was marched to your 
frontier, or landed upon your territory ; or a fleet blockaded 
your harbours, or demanded contribution from your seapoi'ts. 
Such cases admitted not of negociation : the intention of the 
assailant was manifest, the danger imminent, and immediate 
use of force and hostility unavoidable by the most peaceable 
nation. It would be said that these were extreme cases, and 
formed exceptions to the general rule. They certainly de- 
monstrated that the rule was not so general as gentlemen 
contended for, and when the case at present under considera- 
tion is carefully examined, it will be found among those essen- 
tial aiid all important rights of the nation, which, when at- 
tacked, immediate force should be employed to repel the 
assailant. In cases of invasion, the mere possession of a small 
portion of your soil, is not the primary consideration ; you 
are impressed with the approach of further and more serious 
injury. The hostile Intention is manifest, the act such as to 
leave no doubt, and your right such as can never be abandon- 
ed. So here, though there be no actual aggression within the 
limits of your territory, yet you have a territorial right at- 
tached to your soil, constituting its only value, which is di- 
rectly attacked and destroyed. Of what value is the territory 
when ^tripped of this right ? Where is your independence ? 



( 102 ) 

Where is your sovereignty in that country without the unre- 
strained exercise of this right ? Without it the mere soil is of 
no vahie. It is an attribute* inseparable from the substance. 
To attack it, is to attack your very existence, for it is the great 
artery of the western country, the circulation through which, 
when stopped, endangers convulsion and political death. The 
destruction of this right is a greater calamity, than a blockade 
of a seaport, or even a landing on the Atlantic coast. The 
jriischief is incurable. Can it then be said when this vital part 
of the nation is assailed, you will wait for information of the 
intent ? You will enquire into the motives ? You will not em- 
ploy force to resist the attack, although you may be undone 
before you can receive an answer ? You will hazard convuU 
sion and dissolution, because possibly the aggressor has rea- 
sons for the outrage, that you do not yet know 1 This can- 
not be wise, it cannot be the course which national honor or 
safety calls upon us to pursue ; because you never can aban- 
don the right now denied and wrested out of your hands ; 
you can no more abandon it, than any other portion of coun- 
try within your territorial limits, when invaded by an enemy. 
But in whose favour is this delay asked ? With whom are 
5'ou going to negociate for reparation of the injury ? Why 
with those, who, by their mvn confession, have no right in 
the country from which they exclude you. When you enquire 
of the court of Spain what has led them to this outrage, they 
miay repl}', we know and care nothing about it ; that couiUry 
is no longer ours ; we have abandoned all claim to it, and or- 
dered our officers to withdraw. The title is now in another. 
Will this satisfy you ? Will it redress the injury ? Where will 
vou go next ? Or how long will you wait for an answer to the 
question of who turned us out of doors and keeps us out ? 
You have the same reasons for a second as for the first delay ; 
and in the meanwhile you are out of actual possession ; the 
wrongdoer is in. 

But, sir, we are triumphantly told, that it has been the 
practice of all civilized nations to negociate before they go to 
war. Round assertions, like general rules, are to be re- 
ceived with exceptions and great allowance. I dispute the 
fact ; although my argument docs not need this kind of aid ; 
for I am persuaded there is no precedent of an independent 
nation reiving upon negociation alone, in such circumstances. 
If you go to books, or to the example of other countries, you 
will find no dictum of a writer, nor instance of a state, diat 
will justify the course now held by gentlemen on the other 



( 103 ) 

side. For wherever the nation has been invaded, its vital 
interests attacked, its existence drawn into hazard, its essen- 
tial rights exposed to immediate destruction, every writer and 
every state will bear you out in resorting without delay, to 
the strongest means in your power for repelling the aggressor. 
The conduct of the Romans has been more than once 
mentioned. ...Their history is handed down to us by them- 
selves, and even in that we shall too often find, that while 
their ministers of peace were affecting to demand reparation, 
the consul had advanced with his eagles to the frontier, and 
was ready to enter the country where the negociation was 
pending ; we shall find that they negociated often and long, 
when it did not suit them to commence an immediate at- 
tack ; and the negociations, especially when at a distance, 
were protracted, until their armies had been recruited ; wars 
nearer home ended ; and every thing ready to strike a deci- 
sive blow. But you have no instance of negociation without 
military preparation,, where the Roman territory was invaded, 
or a Roman treaty violated. 

Leaving antiquity, the honorable gentleman (Mr. Clinton) 
has adduced and extolled the example of England in modern 
times, and traced her through many scenes both of negociation 
and war. But he did not dwell upon her conduct in the begin- 
ning of the \var of 1756, when all the commerce of France 
was destroyed by a general sweep, without a previous decla- 
ration of war ; and yet this was so certainly the case, that the 
gentleman must well remember it formed a subject of com- 
plaint, and was used to protract the negociation for a general 
peace in 1763. He has also forgotten their conduct towards 
the Dutch, during our revolutionary war ; and their late ar- 
mament against the Danes. His comments also upon the 
conduct of their ministry in 1762, ^vere peculiarly unfortunate, 
because we know, that the nation was afterwards actually ob- 
liged to declare war against Spain, when she had full notice of 
their intention, and time to prepare for the attack ; whereas, 
had war been waged when the hostility of Spain and her se- 
cret alliance with France, were first ascertained, they would 
have possessed prodigious advantagcsj which were lost by in- 
effectual negociation and dela}'. 

I will not follow the gentleman to Nootka Sound, to the- 
Bay of Honduras, or the IVIusquito Shore ; but I will at once 
admit, that in cases of minor rights, of spoliation upon com- 
merce in time of war ; nay, in all cases that do not involve the 
well-being, or national independence, negociation and arnica- 



C ^04 ) 

blc adjustment should be resorted to ; and demand of repara- 
tion should precede actual hostility. I will even say, that 
were the Spaniards to cross the Mississippi at the Falls of St. 
Anthony, imd build a fort on our side of the river, place a gar- 
rison in it, and thus actually invade our territory ; in my opi- 
nion we ought to negociate and demand explanations bci(jrc 
we sent troops to demolish the fort. Although the act would 
justify the immediate use of force, yet the station is so remote, 
and of so little importance in the use of it, that friendly m.eans 
might be safely and wisely resorted to in the first instaiice. 

Quitting Europe, the gentleman exultingly appeals to the 
usages of our own country, in cases v/hich he alledges were 
either similar to, or stronger than the present. I'he mune 
of Washington is introduced to silence all further dispute on 
this question 1 Sir, I reverence the audrority of that great 
man's official conduct. He v/as the fadier of his country, the 
terror of its enemies, and the ornament of huma.n nature. 
He is now gone to mix v>rith the heroes and sages of other 
times and nations, in a happier world ; but it was easily fore- 
seen that those who seldom agreed with him in his lile, would 
be the first after his death, to fly for shelter to his example, 
when overtaken by calamity or misfortune 1 That man led the 
armies of tlris countiy to victory.. ..to independence. He 
knew better than any man the interests, the feelings, the dis- 
positions of the people. He witnessed the origin and progress 
of complaints on both sides respecting the inexecution ot the 
treaty of peace betv/een us and Great Britain. We justly re- 
proached them with detention of the western posts, and their 
refusal to deliver our slaves, as stipulated by treaty : They 
replied that we did not pay them our old debts. These dis- 
putes became the subject of ncgociation, under the old con- 
iedcration, and we had a minister in that country who at- 
tempted an amicable adjustment. When general W^ashing- 
TON came to the head of our present government, he sent 
another minister to that country, and v/hilehe was endeavour- 
ing a peaceable accommodation, a storm broke out in France, 
which soon spread beyond its own boundaries, and involved 
the neighbouring nations in war. The rulers of France, 
wishing to engage us in their quarrel, sent a minister to this 
countrv with express instructions to embroil us, it possible, in 
this desolating war. Unfortunately that minister possessed 
abilities and a disposition well adapted to such a mission. He 
landed in a part of our country remote from the seat of govern- 
ment, and instr.ntly began to i'-.sue his commissions to our 



( 1^5 ) 

Citizens, not only to equip privateers and plunder the comi 
merce of nations with whom wc were at peace, but to enlist 
men and raise a military force within the United States, for 
the purpose of attacking the possessions of Spain in Florida. 
He travelled onward from Charleston towards the seat of 
government, making proselytes as he advanced, and gaining 
new adherents at every step of his journey. He was received 
with acclamations of the livtliest joy in the capital city of this 
tountn i and after emplo) ing all the soothing arts of fratei*-" 
nization, civic feasts, and puijlic spectacle, he proceeded, as 
before, with his commissions, and actually insisted upon 
and exercised the right of bringing into our ports and selling 
prizes taken from nations with whom we were at peace. This 
minister had the address to seduce many of our citizens to 
inlist under his banner ; and but too many, even of our re- 
spectable men in high employment, applauded his conduct 
and gave his measui-cs a countenance they did not deserve. 
All ranks seemed pleased with the zeal and the boldness of 
the minister's mincl^ and an union of this country with France 
in the war seemed inevitable, as no effectual steps had been 
taken to restrain this wild, extravagant condition of things 
among us. I mention not these events with a wish to hurt 
the sensibility of any one, for I know that this country was 
then without experience ; we had never before been in the 
relation of neutrality towards powers at war, and we enter- 
tained a lively affection for France, because she had aided us 
in the revolution war, and was then as we thought, contend- 
ing for libert}' hei'self. The respectable men who, led away 
by their feelings, joined in the plu"enzy of that time, would 
not now display such opinions, or enter upon any public act 
to commit or endanger the peace and honest neutrality of their 
country. 

Very unfortunately, however, we had then here a minis- 
ter from Great Britain who was but little inclined to promote 
good understanding, and who probal^ly transmitted discolour- 
ed accounts of all that passed from day to day. Things were 
sufficiently wrong without any exaggeration of their enormity. 
When these accounts reached England, was it wonderful that 
they considered war as begun ? Was it strange that they should 
count upon hostility, when the acts of the people 'assumed 
but one complexion ; when the government had not taken 
means to do justice and prevent such injustice ; where their 
ahips were sold by their enemies, and every indignity put upon 
their subjects ? Hence we may trace tlis orders for spoliations j 

P 



( 106 ) 

Hence the talk of Lord Dorchester to the Indians, and the 
other aggressions on the western frontier, which, however 
unjustifiable, were not altogether without provocation. 

In the meanwhile, the French minister increased in his 
activity and boldness of enterprise, under the very eye of our 
government ; he multiplied his complaints against the execu- 
tive, and his caresses and professions upon the people, until 
at last, confident in his numbers and support, he set the Presi- 
dent at defiance, and thi-eatened an appeal to the people. At 
that awful crisis of dehasion, Washington came forward, 
Mose&like, and put himself in the gap between the pestilence 
and the people. He demanded the minister's recal ; he was 
recalled.... He arrested the hands of our citizens who were 
armed to pkmder in time of peace... .He enforced the observa- 
tion of the rules of justice and neutrality. When these things 
became known in England, they produced a revocation of the 
orders to plunder our merchants. But the havoc and de- 
struction had been dreadful ; v-^e were highly and justly incen- 
sed, the blood of both nations was up.... It had scarcely cool- 
ed, and was easily roused to be ready for war. If the Bri- 
tish had not recalled their orders of November, 1793, we un- 
doubtedly should have instantly gone to war. It would have 
been unavoidably, nay, absolutely necessary. But when the 
revocation of those orders was known here, our President: 
considered that our own conduct had i\ot been perfectly regu- 
lar ; there was some cause of complaint against us, in the midst 
of all the just complaints we had against the British cruisers ; 
there were also old differences, which had created great un- 
easiness between the two countries. In the recent causes of 
quarrel, we had been the first, in suffering improper acts to be 
done by a foreign agent within our own territory, which we 
ought to have prevented as neutrals. Under all these cir- 
cumstances, being already engaged in an Indian war, he re- 
sohcd to try negociation : An envoy extraordinary was ac- 
cordingly sent. 

How does all this apply to the present case ? There had 
been old, unsettled differences with England ; ours with 
Spain were settled by the treaty of 1795. There were hor- 
Yih\c spoliations upon our trade by Britain, but we had permit- 
ted acts towards them, with which we were obligetl to reproach 
ourselves. Spain has also spoiled our commerce, and to an 
immense extent, without provocation. For that, the case of 
England would say ncgociate, and we have actually been ne- 
gociating. But had England blockaded yoiu- harbours, had 



( 107 ) 

she shut out half a million of your people from access to tlie 
ocean, had she closed, up the Chesapeake or the Delaware, 
would there have been negociation ? No. You Vould, you 
must have had immediate war. Such an invasion of the Tiove- 
reignty and independence of the country would have left no 
hesitation in the mind of any man ; but fortunately as our af- 
fairs then stood, we were not obliged to resort to hostilities* 
The man of high talents who undertook to negociate, suc- 
ceeded in forming a treaty betv/een the two counuies. Such, 
however, were the passions of the times, that the negociator 
was grossly calumniated. T'he treaty was opposed by the foi- 
midable array of all the artillery of popular opinion, organized 
in town meetings, played off along the coast from Boston to 
Charleston, under the direction of the ablest engineer in this 
country. Public opinion was again shaken, but finally peace 
was preserved, the treaty went fairly into execution, and even 
the negociator w^as elected their governor, by the people of 
his own state, where he presided for a long time, with honour 
to himself, and infinite advantage to the interests and peace of 
the society ; until at length he retired from public hfe, leav- 
ing an example which will always be useful for imitation, and 
serve at the same time, as a severe reproof to those who may 
materially depart from it. 

Our differences and negociations with England, then, 
furnished an interesting and serious view of the course we 
have taken in troublesome times, but certainly, do not present 
any thinglike the present case. For although they actually held 
our western posts and built a new fort at the foot of the rapids 
of Miami, yet, we had never been in possession of those 
posts.... we had not purchased the country froxn the Indians. ... 
we had no settlements near it.... no great portion of our citi- 
zens were obstructed or cut off from the free exercise of their 
rights ; and there were mutual complaints, perhaps mutual 
enquiries, between the parties, which seemed to require ne- 
gociation as the only mode in which they could ever be ter- 
minated. 

Next comes our difference with Spain. To this it maybe 
answered briefly.... that we made a treaty widi that power : dif- 
ficulties arose respecting the execution of that treat}^ ; we had 
not then been in the possession or exercise of the rights claim- 
ed under the treaty. The Spaniards delayed and evaded the 
^ixecution, in a very unjustifiable manner. But the admini- 
stration of that day did not rely upon negociation alone ; thev 
ordered troops to the Ohio, and had the Spaniards persisted 



( 108 -) 

in their refusal, those troops would have acted decisively, 
without any new application to the court of Spain. They saw 
the approaching storm ; they entered upon the execution of 
the troaty, by running the line, and giving up the posts ; and, 
if the war office be examined, gentlemen will find that cur 
troops were then so disposed as to fall down the river Missis- 
sippi, and act with effect, at any moment. It was well known 
to us that Spain did not act in that business from the mere im- 
pulse of her own interests or wishes. She was then, and is 
istill, under the irresistible influence of a poweriul neighbor, 
with whom we at that time had serious diflcrences....She wai» 
urged and pushed forward by France. For Spain, until she 
became thus dependant upon France, has ranked high ior her 
good faith, and, in my own opinion, desei-vedly higher than 
any other court in Europe. Slow to promise, she has always 
fulfilled her engagement with honour, according to the spirit, 
without cavilling about the words of her treaties. 

When we were aware of all these thmgs, \A-lien there 
was no absolute refusal, but only delay and evasive excuses 
about the execution, not about the right, it would not have 
been wise to precipitate an absolute rupture between the two 
countries. 

The proceedings with France are next adduced. These 
are fresh in the memory of every one, and need not be repeat- 
ed. There was no blockade, no denial of egress to the ocean, 
no invasion, no territorial dismemberment, no attack upon 

the country which required the immediate use of force 

True, they captured your ships, they heaped indignities upon 
you ; but they also alledged that you had first broken the treaty 
of alliance. You negociated : what else could you do ? You 
had no navy. You could not go in quest of them, and they 
did not attempt to land on your shores. When their aggres- 
sions rose to such a height as to be tolerated no longer, and 
defensive war was resolved on, what was the conduct of the 
minority then ? Did they come forward and offer their sup- 
port like the minority now ? No, sir, they declared the admi- 
nistration wasblameable ; that the French had been provoked ; 
that peace was still attainable by negociation, uiid war at all 
events to be avoided. Look at the debates of that day, and 
you will discover that many leading men contended diat our 
own government was altogether in the wrong and France in 
the right. Such was the impression abroad, that Talleyrand 
insultingly boasted of a party in our own country, audi threat- 
ened us with the fate of Venice j and Avhcn th.e sacred right 



( 109 ) 

£>f embassy was trampled upon, as stated by the honorable 
gentleman from New York, still the cry at home was nego- 
ciate, negxjciate. Surely there is very little, if any resem- 
blance, between that case and this. However justifiable a 
war would have been then, we must have gone abroad to seek 
our enemy ; now he has come to our doors, and stripped us 
of what is most precious :md dear to us as an independent 
nation. 

We are next told, imder the third head of objections, 
that our national debt will be encreased by war ; that war will 
be the necessary consequence of the resolutions ; that our ob- 
ject is war. 

Sir, oj-ir object is not war, but the attainment of security 
for a right without which our union, our political existence, 
cannot continue. In seeking this security should war arise, 
it will be a loss evil than insecure and delusive hopes ol tran- 
quillit}'. No doubt war will increase your public debt, but 
not more nor so much as vain attempts to secure tliis right 
another way ; and after failing you must have a war. 

But your merchants will not obtain indemnities lor spolia- 
tions. Their chance is but precarious now, and would be 
altogether as great in the way we propose to take. 

Seaports will be blockaded and die Mississippi shut,... 
The first is not probable, and as to the last, all the western 
people must be satisfied when they see their country maintain- 
ing and asserting their right. The very eifort to maintain it 
will consume a great portion of the resources and afforcl an 
,cxtensive market to the aggrieved people, by supplying your 
military force. The river may as well be shut up completely 
as be in its present condition. 

An honorable gentleman (Mr. Wright) has said, that 
we may have a place of deposit within our own territorv, and 
navigate the river from thence. 

The gentleman has not certainly well considered this sub- 
ject. The nearest point upon our territory is three hundred 
miles from the sea. The river crooked, the current rapid, 
the anchorage bad. A favourable wind in one direction of the 
river, would be adverse at the next bend. Ships could never 
ascend in any reasonable time, nor could they gain anv point 
on our ov.'n territory, when theN^ are forbidden to touch the 
shore, even to fasten a cablv", or tow-line. Without the pri- 
vilege of the shore, the navigation woukl be impracticable. 

The honorable gentleman from Nt-w-York, had advan- 
ced a most extraordinary position: '^I'Jini if our adversaries 



( 110 ) 

have time to prepare, we also have time to prepare.... Yet he 
resists the resokitions, and proposes no effectual military pre- 
parations. While they are busy, we are to be idle. ...When 
they make the stroke, we are in our present defenceless state. 
Next year, v/e shall be as weak and exposed as now ; our 
commerce equally scattered over the ocean ; our seaports as 
defenceless ; our army and navy as weak ; and they have then 
possession of the disputed spot, with an armament to annoy us, 
and maintain their possession. 

The honorable gentleman from Kentucky, (Mr. Brfxk- 
EKRiDGi:) disclaims ail apprehension of disgust, or disaffection 
among his constituents, or any of the western people. They 
were not always in this mild, forbearing temper upon the sub- 
ject of the Mississippi. It must be in the recollection of that 
gentleman, that Mr. Genet sent emissaries into Kentucky, 
distributed commissions there for enlisting men, and raising 
an army to take New Orleans, and open the navigation of the 
Mississippi to the western people. A very gallant and able 
officer accepted the commission of general on this expedition, 
and would undoubtedly have executed it, had not the recal 
of the French minister, and the failure of the promised resour- 
ces, defeated the entei-prize. What reason was there to sup- 
pose they would be more forbearing now ? That officer Vvas 
still alive, and if he were to erect his standard, the conse- 
quences could not be very doubtful. 

The honorable gentleman from Georgia (Gen. Jackson) 
agrees with us in every thing except as to the ti?ne of acting. 
He wishes to make an experiment at negociation, but admits 
the magnitude of the dispute, and that it involves the very ex- 
istence of Georgia and the southern states. 

If the late events had happened upon St. Mary's, or if the 
Savannah had been shut up by the Spaniards, there would 
have been little doubt of the course that gentleman v/ould 
have pursued. The news of the aggression and of the ag- 
gressors' graves, would have reached the seat of government 
"by the same mail. He would not have Avaited to enquire by 
whose orders they came there, or v/hether they could be ne- 
gociated out of Georgia. 

Aitiiougli the honorable gentleman disagrees with us as to 
the time of acting, yet lie has very honorably pledged him- 
■sclf for the ultimate result, should negociation fail, and while 
it is impossible to agree with what he has said respecting the 
ordinary force of the country driving the new occupants Ircm 
their fastnesses ai:d forts in the niarshes of Florida or Nc^y 



( 111 ) 

Orleans ; yet, sir, there can be no doubt tliat the spirit which 
disdains to think of the hazard of such an enterprise, is of the 
utmost value to our country. For my o\vn part, I have a plea- 
sure in declaring my wish, that the gentleman now lived on 
the Mississippi, and that he had authority from this govern- 
ment to act : I should have no doubt of the result, r.or of the 
confidence and universal consent with which he would be sup- 
ported. But he is certainly too much a soldier not to discern, 
that previous possession by a powerful enemy will require the 
labours and blood of a disciplined army, and the delay and 
skill requisite for the attack of a fortified country. 

We come now to consider the resolutions offered as a 
substitute : It is highly gratifying to find that g^entlemen are at 
last inclined to act. ..To do something like defending the rights 
of our country : Is there any new' shape given to this business 
by the proposed substitute ? We propose 50,000 militia ; 
They substitute 80,000. To do what ? Will gentlemen tell 
us the difference ? It is said ours are absolutely imperative ; 
if so, alter them, and give an unqualified discretion. We 
will agree to it. My own opinion is, that they should be im- 
mediately acted upon. If the majority wish for a bare dis- 
cretionary power, I assent to it. There is no difference ex- 
cept that one set of resolutions puts greater power into the 
hands of the President than the other. Are gentlemen on the 
other side afraid to trust the President ? Do they think he will 
abuse this power ? Will it hurt the negociation ? Instead of 
hurting it, our minister ought to carry this act to Europe with 
him. He is not yet gone, and it may be sent with him..., He 
would then have more means, and more forcible arguments to 
urge in his negociation. 

This v/hole subject v/as known at the meeting of Con- 
gress ; yet no step taken, till our resolutions v/ere proposed. 
Now gentlemen are wihing to do something [ They seem wil- 
ling to give means to a certain extent. Why not amend our 
resolutions, when their own are but a qualification of ours? 
We have but seven days to the end of this session. Why dis- 
pute about a substitute, when amendments may be made to 
meet gentlemen's wishes ? They agree to go a certain length j 
then say so, and strike out the rest. Certainly we will go 
with you as far as you propose, for we have offered to go far- 
ther. 

But gentlemen say they have full confidence in the nego- 
ciation. Be it so.... I cannot doubt the assertion of the gen- 
tlemen, although I drav/ a different conclusion from the ^ame 



( il2 ) 

iacls. But let me present this question in a iitw shape, t\<si: 
vet otTcrcd in this house. We are not delil^erating about the 
1 ight of deposit in New Orleans merely, nor about the island 
<>t New Orleans ; we are told that we arc to look for new 
and powerful neighbors in Louisiana. What right has Spain 
to give us these neighbors without consulting us .'' To change 
our present security into hazard and uncertainty? I do not 
believe that Spain has any right to do so. What are the li- 
mits of I^ouisiana ? It extends three thousand miles upon 
your frontier. New Orleans is ceded with it. Then the 
province of Louisiana and New Orleans lie between the Flo- 
ridas, and the other Spanish dominions on this continent. It 
is not d ffieult to pronounce who will command and own the 
I'loridas. They must belong to the master of Louisiana and 
New Orleans. Then the owners possess the lock and key of 
the whole western countr}'. There is no entrance or egress 
but by their leave. They have not only three thousand miles 
on your frontier in the interior country, but they have the 
command of your outlet to the- ocean, and seven hundred 
miles of sea-coast embracing the finest harbours in North 
America. This makes them, in fact, masters of the western 
woild. What will you give them for this enviable dominion? 
Not territory, for you have none to spare and they want none. 
Not commercial privileges. ...they will not want them, for they 
will then have enough and to spare.... What equivalent have 
you? What can you offer to men who know the value of such 
a country ? What would this senate take for the surrender of 
such an establishment were it ours ? Let every senator ask 
himself the question and declare by what rule of estimation 
his answer would be dictated. 

But I know it has been said, and will be said again, that 
the new French owners will confirm or permit our right of 

deposit and free navigation of the Mississippi They will 

open a free port and give us all we desire. 

Yes, sir, this would be the uvjkindest cut of all. 1 fear 
much less the enmity of the present possessors, than such 
neighbours. We shall holdb}^ their courtesy, not by the pro- 
tection of our own government. They will permit, but you 
f.annot inforce. They will give us all the advantages we now 
have and more : But will it be for nothing? Will they ask no 
return? Have they no ulterior views ? No.... During this insi- 
dious interval, they will be driving rivet after rivet into the 
iron yoke which is to gall lit. and our children. We must go 
to market through a line of batteries manned by veterans ; and 



( 11-^ ) 

teturn home with our money through a fortified camp. This 
privilege will be held at their will, and may be withheld when- 
ever their Intendant forbids its further continuance. 

No doubt my earnestness may have betrayed me into 
expressions which were not intended. Every honorable gen- 
tleman Avill therefore consider me as addressing his reason 
and judgment merely, without meaning to give cause of of- 
fence. But I cannot conclude without addressing myself 
particularly to those senators who represent the western states. 
I entreat them to remember that these resolutions are intend- 
ed to vest a power which may, or may not be used, as events 
arise. If events should shew in the recess that negociation. 
must fail, what is the President to do ? He must call Con- 
gressi This will consume time, and the enemy gains immense 
ad\'antages. Why not put a force at his disposal with which 
he can strike ? With which he can have a pledge for your fu- 
ture well-being ? When the Atlantic coast is willing, shall 
this security be lost by your votes ? Are you sure that you 
will ever again find the same disposition? Can you recal the 
decisive moment that may happen in a month after our ad- 
journment? Certainly the country may be in such a state that 
at the next session you will have no such offer as at the present 
moment. There may be a pressure which would forbid it. 
Heretofore you have distrusted the Atlantic states ; now 
when they offer to pledge themselves, meet them and close 
with the proposal. If the resolutions are too strong, new 
model them. If the means are not adequate, propose other 
and more effectual measures. But as you value the best in- 
terests of the western country, and the union with the Atlantic 
coast, seize the present occasion of securing it forever. For 
the present is only a question of how much power the execu- 
tive shall have for the attainment of this great end, and no 
man desirous of the end ought to refuse the necessary means 
for attaining it. Your voice decides the direction this senate 
will take, and I devoutly wish it may be on^ we shall never 
repent. 

Mr. Morris. Mr. President, I rise with reluctance on 
the present occasion. The lateness of the hour forbids me to 
hope for your patient attention. The subject is of great im- 
portance, as it relates to other countries, and still greater to 
our own : yet we must decide on grounds uncertain, because 
they depend on circumstances not yet arrived. And when 
we attempt to penetrate into futurity, after exerting the utmost 
powers of reason, aided by all the lights which experience 

Q 



( 114 ) 

could acquire, our clearest conceptions arc involved in doubt* 
A thousand things may happe)i ^vh^ch it is impossible to con- 
jecture, and which will influence the course of events. The 
wise Governor of all things hath hidden the future from the 
ken of our fef ble understanding. In committing ourselves, 
therefore, to the examination of what may hereafter arrive, 
we hazard reputation on contingencies we cannot command. 
And when events shall be past, we shall be judged by theniy 
and not by the reasons which we may nov/^ advance. 

There are many subjects which it is not easy to under- 
stand, but it is always easy to misrespresent, and w^hen argu- 
ments cannot be controverted, it is not difficult to calumniate 
motives. That which cannot be confuted, may be mistatcd. 
The purest intentions may be blackened by malice ; and envy 
will ever foster the foulest imputations.. ..This calumny is 
among the sore evils of our country. It began with our ear- 
liest success in seventy-eight, and has gone on with accelerated 
velocity and cncreasing force to the present hour. It is no 
longer to be checked, nor will it terminate but in that sweep 
of general destruction, to which it tends with a step as sure as 
time, and fatal as death. I know that what I utter will be 
misunderstood, misrepresented, deformed, and distorted ; 
but we must do our duty.... This I believe is the last scene ot 
my public life ; and it shall, like those which preceded it, be 
performed v/ith candor and truth. Yes, my noble friends, 
[addressing himself to the federal senators near him] we shall 
soon part to meet no more. But however separated, and 
wherever dispersed, we know that we are united by just prin- 
ciple and true sentiment. A sentiment, my country, ever 
dovoted to you, which will expire only with expiring life, and 
beat in the last pulsation of our hearts. 

Mr. President, my object is peace. I could assign many 
reasons to shew that this declaration is sincere. But can it be 
necessary to give this senate any other assurance than my 
Avord ? Notwithstanding the acerbity of temper which results 
from party strife, gentlemen will believe me on my word. I 
will not pretend, like my hon. colleague (Mr. Clinton) to de- 
scribe to you, the waste, the ravages, and the horrors of war. 
I have not the same harmonious periods, nor the same musical 
tones ; neilher shall I boast of christian charit}% nor attempt 
to display that ingenuous glow of benevolence so decorous to 
the cheek of youth, which gave a vivid tint to every sentence 
he uttered; and was, if possible, as impressive even as his elo- 
quence. But though we possess not the same pomp of words, 



( lis ) 

our hearts are not insensible to the woes of humanity. We 
can feel for the misery of plundered towns, the conflagration 
of defenceless villages, and the devastation of cultured fields. 
Tui-ning from these features of general distress, we can enter 
the abodes of private affliction, and behold the widow weep- 
ing, as she traces, in the pledges of connubial affection, the re^ 
semblance of him whom she has lost forever. We see the 
aged matron bending over the ashes of her son. He was her 
darling ; for he was generous and brave, and therefore his 
spirit led him to the field in defence of his country. We can 
observe another oppressed with unutterable anguish : con- 
demned to conceal her affection ; forced to hide that passion 
which is at once the torment and delight of life ; she learns 
that those eyes v/hich beamed with sentiment, are closed in 
■dea.th ; and his lip, the ruby harbinger of joy, lies pale and 
cold, the miserable appendage of a mangled corse. Hard, 
hard indeed, must be that heart which can be insensible to 
scenes like these, and bold the man who dare present to the 
Almighty Father a conscience crimson'd with the blood of his 
children. 

Yes, sir, we wish for peace ; but how is that blessing to be 
preserved i I shall repeat here a sentiment I have often had 
occasion to express. In my opinion, there is nothing worth 
fighting for, but national honor : for in the national honor, 
is involved the national independence . I know that a state 
may find itself in such unpropitious circumstances, that pru- 
dence may force a wise government to conceal the sense of 
indignity. But the insult should be engraven on tablets of 
brass, with a pencil of steel. And when that time and chance, 
which happen to all, shall bring forward the favourable mo- 
ment, then let the avenging arm strike home. It is by avow- 
ing and maintaining this stern principle of honor, that peace 
can be preserved. But let it not be supposed, that any thing 
I say, has the slightest allusion to the injuries sustained from 
France, while suffering in the pangs of her revolution. As 
soon should I upbraid a sick man for what he might have done 
in the paroxisms of disease. Nor is this a new sentiment : it 
was felt and avowed at the time when these wrongs were heap- 
ed on us, and I appeal for the proof to the files of your Secre- 
tary of State. The destinies of France were then in the hands 
of monsters. By the decree of heaven she was broken on the 
wheel, in the face of the world, to warn mankind of her folly 
and madness. But these scenes have past away. On the 
throne of the Bourbons, is now seated the first of the Gallic 



( 116 ) 

Csesars. At the head cf that gallant nation is the great, the 
greatest man, of the present age. It becomes us well to con- 
sid<;rhis situation. The things he has achieved, compel him 
to *he achievment of things more great. In his vast career, 
we must soon become oojects to command attention. We too, 
in ovir turn, must contend or submit. By submission Vi^e may 
indeed have peace, alike precarious and ignominious. But is 
this the- peace which we ought to seek ? V/ill this satisfy the 
just expectation of our country ? No. Let us have peace per- 
manent, secure, and, if I may use the term, independent. 
Peace which depends, not on the pity of others, but on our 
own force. Let us have the only peace worth having, a peace 
consistent with honor. 

A gentleman near me, (Mr. Jackson) has told us the 
anecdote of an old courtier, who said, that the interest of his 
nation, was the honor of his nation. I was surprized to hear 
that idea from that gentleman. But it was not his own. Such 
is that gentleman's high sense of his personal honor, that no 
interest would induce him to sacrifice it. He would not per- 
mit the proudest prince on earth to blot or soil it. Millions 
would not purchase his honor, and will he feel less for the 
honor of his country ? No, he will defend it with his best 
blood. He will feel with me, that our national honor is the 
best secvirity for our peace and our prosperity. That it in- 
volves at once our wealth and our power. And in this view 
of the subject I must contradict a sentiment which fell from my 
honorable colleague (Mr. Clinton.) He tells U3 that the 
principle of this country is peace and commerce. Sir, the 
avowal of such principle will leave us neither commerce nor 
peace. It invites others to prey on that commerce which we 
will not protect, and share the wealth we dare not defend. 
But let it be known that you stand ready to sacrifice the last 
man, and the last shilling, in defence of your national honor, 
and those who would have assailed, will beware of you. 

Before I go into a minute consideration of this subject, 
I will notice what the gentlemen opposed to me have said on 
the law of nations. But I must observe that, in a conjuncture 
like the present, there is more sound sense, and more sound 
policy in the firm and manly sentiments which warm the hearts 
of my friends from Delaware, than in all the v-olumes upon all 
the shelves of the civilians. Let us however attend to the re- 
sults of those logical deductions which have been made by 
writei"s on the law of nations. The honorable member from 
Kentucky, (Mr. Breckenridge) has told us that sovereigns 



( llj' ) 

ought to shew a smcere desire of peace, and should not hastily 
take offence, because it may be that the offensive act was the 
result of mistake. My honorable colleague has told us, that 
among the justifiable causes of war, are the deliberate inva- 
sions of right, and the necessity of maintaining the balance of 
power. He has told us further, that attempts should always 
be made to obtain redress by treaty, unless it be evident that 
redress cannot be so obtained. The honorable member from 
Georgia near me, informs us, that the thing we would obtain 
by war should be important, and the success probable, and 
that war should be avoided until it be inevitable. The ho- 
norable member from Maryland, (Mr. Wright) has ex- 
plained to us the case cited by the gentleman from Keniucky, 
as being that of a wrong done by a private citizen. Under 
the weight of all this authority, and concurring with gentle- 
men in these their positions, I shall take leave to examine the 
great question we are called on to decide. I shall moreover 
fully and entirely agree with the honorable member near me 
in another point. He has, with the usual rapidity of his 
mind, seized the whole object. He tells us, and he tells us 
truly, that tiie island of Orleans and the two Floridas are es- 
sential to this country. They are joined, says he, by God, and 
sooner or later we must and xuill have tliem. In this clear 
and energetic statement I fully agree ; and the greater part 
of what I have to say will be but a commentary on the doc- 
trines they have advanced, an elucidation of their positions, 
and the confirmation of that strong conclusion. 

In order to bring this extensive subject within such 
bounds as may enable us to take a distant view of its several 
parts, I shall consider first, the existing state of things : 2dly, 
the consequence to the United States of the possession of that 
country by France : Sdly, the consequence to other nations : 
4thly, the importance of it to France herself: 5thly, its im- 
portance to the United States if possessed by them ; and hav- 
ing thus examined the thing itself in its various relations, the 
way will be open to consider, 6thly, the effect of negociation : 
and then, 7thly, the consequences to be expected from taking 
immediate possession. 

Before I consider the existing state of things, let me no- 
tice what gentlemen have said in relation to it. The honora- 
ble member from Kentucky has told us, that indeed there is a 
vight arrested, but whether by authority or not, is equivocal. 
He says the representative of Spain verily believes it to be an 
anathorised act. My honorable oolleagae informs us there 



( 118 ) 

lias been a clashing between the Governor and the Intcndant. 
He says we are told by the Spanish minister it was unathor- 
ised. Notwithstanding these assurances, hov/ever, my ho- 
norable colleague has, it seems, some doubts. ...but neverthe- 
less he presumes innocence ; for my colleague is charitable. 
The honorable member from Maryland goes farther, he tells 
us the minister of Spain sa}'s, the intendanthad no such autho- 
rity ; and the minister of Frant too, says there is no such au- 
tliority. Sir, I have all possible respect for those gentlemen, 
and every proper confidence in what the}" m-.y think proper to 
communicate. I believe the Spanish minister has the best 
imaginable disposition to preserve peace ; being indeed the 
express purpose for which he vv^as sent among us, I believe it 
to be an object near to his heart, and which has a strong hold 
upon his affections. I respect the warmth and benevolence of 
his feelings, but he must pardon me that I am deficient in 
courtly compliment, I am a republican, and cannot commit 
the interests of my country to the goodness of his heart. 

What is the state of things ? There has been a cession of 
the island of New Orleans and of Louisiana to France.... 
Whether the Floridas have also been ceded is not yet certain. 
It has been said, as from authority, and I think it probable. 
Now, sir, let us note the time and the manner of this cession. 
It was at or immediately after the treaty of Luneville, at the 
first moment when France could take up a distant object of at- 
tention. But had Spain a right to make this cession without 
our consent? Gentlemen have taken it for granted that she 
had. But I deny the position. No nation has a right to give 
to another a dangerous neighbor without her consent. This 
is not like the case of private citizens, for there, when a man 
is injured he can resort to the tribunals for redress, and yet, 
even there, to dispose of property to one who is a bad neigh- 
bour is ahvays considered as an act of vmkindness. But as 
between nations, who can redress themselves only by war, 
such transfer is in itself an aggression. He who renders me 
insecure, he who hazards my peace, and exposes me to immi- 
nent danger, commits an act of hostility against me; and 
gives me the rights consequent on that act. Suppose Great 
Britain should give to Algiers one of the Bahamas, and con- 
tribute thereby to establiish a nest of pirates near your coasts, 
would you not considei it as an aggression ? Suppose during 
the late w^ar you had conveyed to France a tract of land along 
Kiidson^s river, and the northern route by the lakes into 
Canada, would not Britain have considered and treated it as 



( 119 ) 

an act of direct hostility ? It is among the first limitations to 
the exercise of the rights of property, that we must so use 
our own as not to injure another ; and it is under the imme- 
diate sense of this restriction that nations are bound to act 
toward each other. 

But it is not this transfer alone. There are circumsttmces 
both in the time and in the manner of it which deserve atten- 
tion. A gentleman from Maryland, (Mr. Wright) has 
told you, that all treaties ought to be published and proclaim- 
ed for the information of other natiot^s. I ask, was this a 
public treaty ? No. Was official notice of it given to the 
governmcnL of this country ? Was it announced to the Presi- 
dent of the United States, in the usual forms of civility be- 
tween nations who duly respect each other? It was not,... 
Let gentlemen contradict me if they can. I'hcy will say per- 
haps that it was the omission only of a vain and idle ceremony- 
Ignorance may indeed pretend that such communication is an 
empty compliment, which, established without use, may 
be omitted without oifence. But this is not so. If these be 
ceremonies they are not vain, but of serious import and are 
founded on strong reason. He who means me well, acts 
without disguise. Had this transaction been intended fairly, 
it would have been told frankly. But it was secret because it 
was hostile. The First Consul in the moment of terminating 
his differences with you, sought the means of future influence 
and controul. He found and secured a pivot for that immense 
lever, by which, with potent arm. he mea.ns to subvert your 
civil and political institutions. Thus, the beginning was m:;de 
in deep hostilit}*. Conceived in such principles, it presaged 
no good. Its bodings were evil, and evil have been its fruits.. 
We heard of it during the last session of Congress, but t j 
this hour we have not heard of any formal and regular com- 
munication from those by whom it was made. Has the king 
of Spain? Has the First Consul of France no means of 
making such communication to the President of the United 
States ? Yes, sir, we have a minister in Spain ; we have :i 
minister in Fra. ce. Nothing was easier, and yet nothing has 
been c^lone. Our first magistrate has been treated with con- 
tempt ; and through him cur country has been insulted. 

With that meek and peaceful spirit now so strongly re- 
commended, we submitted to this insult, and what followed ? 
That which might have been expected; a violation of our 
treaty. An open and direct violation by a public oOicer of 
the Spanish government. This is not the case cited froui on^- 



( 120 ) 

of the books. It is not a wrong done b}- a private citi^^ti, 
which might, for that reason, be of doubtful nature. No... /it 
is by a public officer. That officer, in Avhose particular de-- 
partment it was to cause the faithful observance of the treaty 
which he has violated. We are told indeed that there was a 
clashing of opinion between the Governor and ihe Intendant. 
But what have we to do with their domestic broils? The in- 
jury is done, we feel it. Let the fault be whose it may, the 
suffering is ours. But, say gentlemen, the Spanish minister 
has interfered to correct this irregular procedure. Sir, if the 
Intendant was amenable to the minister, why did he not in- 
form him of the step he was about to take, that the President 
of the United States might seasonably have been apprized of 
his intention, and given the proper notice to our fellow-citi- 
zens ? Why has he first learnt this offensive act from those who 
suffer by it ? Why is he thus held up to contempt and derision ? 
If the Intendant is to be controled by the minister, would he 
have taken a step so important without his advice ? Common 
sense will say no. But, the bitter cup of humiliation was not 
yet fujl. Smarting under the lash of the Intendant, the minis- 
ter soothes you with kind assurances, and sends advice boats 
to announce your forbearance. But while they are on their 
way, new injury and new insult are added. The Intendant, 
as if detennined to try the extent of your meekness, forbids 
to jour citizens all communication with those who inhabit the 
shores of the Mississippi. Though they should be starving^ 
the Spaniard is made criminal who should give them food. 
Fortunatel}', the waters of the river are potable, or else we 
should be precluded from the common benefits of nature, the 
common bounty of heaven. What then, I ask, is the amount 
of this savage conduct ? Sir, it is war. Open and direct war. 
And yet gentlemen recommend peace, and forbid us to take 
up the gauntlet of defiance. Will gentlemen sit here and shut 
their eyes to the state and condition of their country ? I shall 
not reply to what has been said respecting depredations on 
commerce, but confine myseli to objects of which there can be 
no shadow of doubt. Here is a vast country given away, and 
not without danger to us. Has a nation a right to put these 
states in a dangerous situation ? No, sir. And yet it has 
been done, not only without our consent previous to the grant, 
but without observing the common forms of civility after it 
was made. Is that wonderful man who presides over the des- 
tinies of France, ignorant or unmindful of these forms ? See 
what was done the other day. He directed his minister to- 



( 121 ) 

communicate to the elector of Bavaria, his intended move- 
ments in Switzerland, and their object. He knew the elec- 
tor had a right to expect that information, although the great- 
er part of Swabialies between his dominions and Switzerland. 
And this right is founded on the broad principles already men- 
tioned. 

As to the depredations on our commerce, they are nu- 
merous, and of great importance ; but my honorable colleague 
has told us, our merchants are in a fair way of getting redress. 
1 own, sir, I am surprized at this information, which is, I 
presume, a state secret, communicated from the executive de- 
partment. My honorable colleague, who is the pattern of 
discretion, who was the monitor, and threatened to be the 
castigator of those, who, fi-om treachery or weakness, might 
betray or divulge the secrets of the Senate, cannot possibly 
allude to any thing on our files. He has, therefore, received 
this information from some other quarter, and I feel myself 
much obliged by his kind communication. But he must par- 
don me, six-, that until it comes forward in some body, shape, 
or condition, which I can grasp, I am compelled to withhold 
my faith. 

Having thus examined the existent state of things, I pro- 
ceed to consider the consequence to the United States, resulting 
from the possession ot that country by France. To this effect 
I shall suppose the Floridas to be included in her newly ac- 
quired dominion, and shall state what I conceive to be the 
conduct which she will pursue. She will, I presume, consider 
herself as not bound by our treaty with Spain. Declaring 
this to the inhabitants of the western country, and repelling 
the claim of right, she will (as matter of favor) give them un- 
limited freedom of trade to and from New Orleans. At that 
place, she will eventually raise a considerable duty on ex- 
ports, to pay the expence of her garrisons, and of the civil 
administration. But to compensate this, she v/ill probably 
give an exclusive privilege of commerce to her colonies, and 
obtain from Spain and Holland similar privileges. Under 
these circumstances, let us examine the general and particu- 
lar consequences to this our country. 

The general consequences are those which affect our 
commerce, our revenue, our defence, and what is of more 
importance even than these, our union. Your commerce will 
suffer, because you will no longer hold the means of supply- 
ing the West-India islands subject to your single control, and 
because all the export from New Orleans, being, of course, in 

R 



( 122 ) 

French bottoms, your navigation will be proportionably dimi-' 
nished. Your revenue will suffer as much as your commerce. 
The extensive boundary of more than two thousand miles, 
will be stocked with goods for the purpose of contraband trader 
The inhabitants will naturally take their supplies in that way. 
You must therefore multiply your revenue officers and their as- 
sistants, and while your receipt diminishes, the expence of col- 
lection will be encreased. As to what regards your defence, 
it is evident that the decrease of yomr navigation and revenue, 
must narrow your means of defence. You cannot provide the 
same force either by land or by sea ; but the evil does not stop 
there. With this country in your possession, you have means 
of defence more ample, more important, more easy than any 
nation on earth. In a short time all the West-India islands, 
fed froAi your granaries, must depend on your wilL And in 
consequence, all the powers of Europe who have colonies 
there, must court your friendship. Those rich sources of 
commercial importance \^ill be as it were in j'Our hands.... 
They will be pledges for the amity of others in seas and do- 
minions far remote. It is a defence, which though it costs 
\ ou nothing, is superior to fleets and armies. But let the re- 
sources of America be divided, (which must happen when 
the French are masters of New Orleans) and all this power 
and influence are gone. One half your resources will be in 
their hands, and they will laugh at your feeble attempts with 
the other half. It is the interest of this country that the pos- 
sessions of European powers in the West-Indies should be se- 
cured to them. And in this view of the subject it is important 
that the island of St. Domingo should be subjected by France^ 
it would therefore have been wise to have aided in that sul)ju- 
gation. There i& indeed a special reason for it beyond the 
considerations of external policy. That event will give to 
your slaves the conviction that it is impossible for them to be- 
come free. !Men in their unhappy condition must be impelled 
by fear, and discouraged by despair. Yes '....The impulsion of 
fear must be strengthened by the hand of despair I Consider, 
moreover, your condition in the wars which are most likely to 
happen. These must be either with France or England. If 
with France, your interior is ruined ; if with England, the 
commerce of the Atlantic states will be distressed, and that of 
the western country too, though not perhaps in so great a de- 
gree. Thus let the war be with whichsoever of those nations 
it may, one half of the United States must be peculiarly inju- 
red ; and in all cases it will be difficult for them to assist each 



( 123 ) 

other. The ulterior has no seamen for naval defence, the sea- 
board can send few if any troops beyond the mountuhis. This 
powerful influence of one nation on one great division of our 
country, and of another nation on the remainder, Avill tend to 
disunite us. The ridge of mountains will mark the line of dis- 
tinct interests. The effect of those differing interests will be 
felt in your councils. It will find its way to this floor. This 
must be the case so long as man is man. Look I pray at those 
nations. The enmity of France and England can terminate 
only by the subjection of one to the dominion of the other. It 
must be by the complete exertion of force, and the utter im- 
possibility of resistance. They are the Rome and Carthage of 
modern times. Their implacable spirit will stimulate them to 
attempt a division of this country, by sentiments of hatred, 
deadly as their own. These efforts will, I hope, be vain : but 
with such powerful engines to operate on the interest and the 
will, is there not danger to that union so essential to our pros- 
perity ? There will be a constant struggle in Congress as to the 
kind of public force which ought to be maintained. The one 
part will desire an army, the other a nav)''. The unyielding 
spirit of party, will, perhaps, prevent the support of either ; 
leaving the nation completely defenceless, and thereby increas- 
ing the power of those who may influence or command our 
destinies. For let it be remembered, that a nation without 
public force, is not an independent nation. In a greater or 
smaller degree, she will receive the law from others. 

Having thus considered the effect of this cession upon 
the United States, in a general point of view, let us now exa- 
mine it more particularly, as it regards the greater divisions 
of our countiy, the western, the southern, the middle, and the 
eastern states. I fear, sir, I shall detain you longer than I 
intended, certainly longer than the light of day will last, not- 
withstanding my effort to comprise what I have to say in the 
smallest compass. As to the western states, the effects will be 
remote and immediate. Those more remote may be examin- 
ed under the twofold aspect of peace and war. In peace they 
will suffer the diminution of price for their produce. The ad- 
vantage of supplying the French, Dutch, and Spanish colo- 
nies, may at first sight lead to a different opinion ; but when 
the port of New Orleans is shut to all but French ships, there 
will no longer be that competition which now exists, and which 
always results in the highest price that commodities can bear. 
The French merchants have neither the large capital, nor 
have they the steady temper and persevering industry which 



( 124 ) 

foster commerce. Their invariable object in trade, is to ac- 
quire sudden wealth by large profit; and if that cannot be 
clone, ther abandon the pursuit for some new project. Cer- 
tain of the market, and certain of the encreasing supply, they 
will prescribe the price, both to those who cultivate, and to 
those who consume. Such will be the effect in peace. In a 
war with England, the attention of her fleets to cut off sup- 
plies from her enemies, must necessarily afl^ct the price of 
produce in a still greater degree ; and in a war with France it 
will bear no price at all, until New Orleans shall be wrested 
from their grasp. Add to this the danger and the devastation 
from the troops of that country, aided by innumerable hosts 
of savages from the v/estern wilds. Such being the evident 
effects to be produced in times not far remote, the present evil 
follows from the anticipation of them, llie price of land must 
be reduced from the certainty that its produce will become 
less valuable. The flood of emigration to those fertile regions 
must cease to flow. The debts incurred in the hope of ad- 
vantageous sales, must remain unpaid. The distress of the 
debtor, must then recoil on his creditor, and, from the com- 
mon relations of society, become general. 

What will be the effect on the southern states ? Georgia, 
Carolina, and the Mississippi Territory are exposed to inva- 
sion from the Fioridas and New Orleans. There are cir- 
cumstances in that portion of America which render the inva- 
sion easy, and the defence difficult. Pensacola, though the 
climate be warm, is among the healthiest spots on earth. Not 
only a large garrison, but an army may remain there without 
hazard. At Pensacola and St. Augustine, forces may be as- 
sembled to operate in that season of the year, when the moras- 
ses which separate them from our southern frontier no longer 
breathe pestilence. By what are those armies to be opposed ? 
Will you call the militia from the north to assist their southern 
brethren ? They are too remote. Will you to secure their 
seasonable aid, bring them early to the fields they are ordered 
to defend ? They must perish. The climate more fatal than 
the sword, will destroy them before they see their foe. The 
country adjoining to our southera frontier is now in possession 
of the most numerous tribes of savages we are acquainted 
with. The access to it from New Orleans and the Fioridas 
is easy and immediate. The toys and gewgaws manufactured 
in France, will be scattered in abundance, to win their affec- 
tions, and seduce them from their present connection. The 
talents of the French to gain the good will of the savages is 



( 125 ) 

well known, and the disposition of those uncultured men for 
war, is equally notorious. Here then is a poweriui Instru- 
ment of destruction, which may be used against you with i-u- 
inous effect. Besides, what is the population of the southern 
states ? Do you not tremble when you look at it ? Have we 
not within these few days passed a law to prevent the importa- 
tion of certain dangerous characters ? What will hinder th. m 
from arriving in the Floridas, and what can guard the approach 
from thence to our southern frontier ? These pernicious emis- 
saries may stimulate with a prospect of freedom the miserable 
men v/ho nov/ toil without hope. They may excite them to 
imitate a fatal example, and to act over those scenes which 
fill our minds with horror. When the train shall be l.tid ; 
when the conspiracy shall be ripe ; when the armies of France 
shall have reached your frontier, the firing of the first musket 
will be a signal for general carnage and conflagration. If you 
will not see vour danger now, the time must soon arrive when 
you shall feel it. The southern states being exposed to such 
imminent danger, their representatives may be made to know, 
that a vote given in Congress shall realize the worst apprehen- 
sions. You will then feel their danger even on this floor. 

Such being the probable result, as to the southern, what 
will it be to the middle states ? Their trade to the West-India 
islands is gone the moment that country is in possession of the 
French. England, to whose dominions alone they can have 
recourse for the vent of their produce and the purchase of 
their supplies, will confine that commerce to her own ships. 
I say the moment the French are in possession of New Orleans 
your West-India trade is gone. I do not mean that this ef- 
fect will be sudden as a flash of lightning, but it will be gone 
in a few years, which may be considered as a moment when 
compared with national existence. You will then be depend- 
ant for that trade on the good will of England, and, as your 
navigation decreases, your dependence will be still greater, 
because you will rely on her navy for your protection. I again 
repeat, that when it shall be a question in your councils whether 
you will have a navy, the increasing weight of the western 
country will be thrown into the scale of opposition. They 
will insist on an army for their protection. My honorable 
colleague has expressed his fears from a standing army. Sir, 
your present negligence will put you under the necessity of 
having such an army, and expose you to all the consequences 
to be apprehended from it. You may indeed remain united 
in a body as one nation, but with such coatrarient interests 



( 126 ) 

and opinions, with sentiments and views so different, it will 
be a large and languishing body without a sovil. 

To the eastern states, when separately considered, this 
may appear a matter of less moment than to the other great 
divisions of our country. But they will perceive in it the loss 
of their navigation ; they will see the theatre of their indus- 
trious exertions contracted ; they will feel the loss of the pro- 
ductions of that western world in the mass of their commer- 
cial operations ; and above all, they will feel the loss of an ample 
resource for their children. These western regions are pecu- 
liarly their heritage. It is the property of the fathers of 
America which they hold in trust for their children. The 
exuberant population of the eastern states flows in a steady 
stream to the western world, and if that be rendered useless, 
or pass under the dominion of a foreign power, the fairest 
hope of posterity is destroyed. The time may come, and I 
fear it will come, when those who cross the mountains will 
cross the line of jurisdiction. Whether we consider, there- 
fore, this object in its relations to our general policy, or exa- 
mine its bearings on the greater divisions of our country, we 
find ample reason to agree with the gentleman near me, that 
New Orleans and the Floridas must not be separated from 
the United States. 

Let us now consider the consequence of the cession we 
complain of to other nations, and this we may do generally, 
and then more especially as to those who have a direct and 
immediate interest in the transaction. In a general view, the 
first prominant feature is the Colossal power of France. Dan- 
gerous to Europe and to the world, what will be the effect of 
a gi'eat increase of that power ! Look at Europe. One half of 
it is blotted from the list of empire. Austria, Russia, Prussia, 
and Britain are the only powers remaining, except Sweden 
and Denmark, and they are paralized. Where is Italy, Swit- 
zerland, Flanders, and all Germany west of the Rhine ? Gone, 
swallowed up in the empire of the Gauls. Holland, Spain, 
Portugal, reduced to a state of submission and dependence.... 
What is the situation of the powers that remain ? Austria is 
cut off from Italy, the great object of her ambition for more 
than three centuries ; long the rival of France, long balancing 
with the Bourbons the tate of Europe, she must now submit, 
and tacitly acknowlege to the Avorld the superiority of her foe, 
and her own humiliation. Prussia, under the auspices of the 
great Frederick, was at the head of a Germanic league to 
bidunce the imperial power. Though united with Austria for 



127 ) 

a moment in the hollow league of the coalition, she has, like 
Austria, been actuated by a blind jealousy, and favouring the 
operations of France for the ruin of her rival, expected to 
share largely in the general spoil. In this fond hope she is 
disappointed ; she now sees the power of France at her door. 
There is not a fortress from the Rhine to the Baltic, except 
Magdebourgh, which the First Consul may leave on his leit. 
The fertile plains near Leipsic contain the magazines for his 
armies when he shall diink proper to march to Berlin. West- 
phalia and lower Saxony ai-e open, on the side of Flanders 
and Holland, The Maine presents him a military road to 
the borders of Bohemiae By the Necker he appi'oaches Ulm^ 
and establishes himself on the Danube. These rivers enable 
him to take the vast resources of his wide domain to the point 
vyhere he may wish to employ them. Menacing at pleasure 
his neighbors, he is himself secured by a line of fortresses 
along his whole frontier. Switzerland, which was the only 
feeble point of his defence, and w4iich separated his Gallic and 
Italian dominions, has lately been subjected. The voice you 
now hear warned the Swiss of their fate more than eight 
years ago. The idea seemed then extravagant ; but realized,, 
it appears but as a necessary incident. Russia is deprived of 
her influence in Germany, and thereby of a principal instru- 
ment by which her policy might operate on the great powers 
of the south. The Germanic body is indeed in the hand of 
the First Consul. Three new electors along the Rhine are 
under the mouths of his cannon. They dare not speak.... 

Speak! None daa-e speak fhey dare not think any thing 

inconsistent with his wishes. Even at their courdy feasts 
they sit like Damocles, destruction suspended over their heads 
by a single hair. Would you know the sentiment of Eng- 
land ? Look at the debates. In the two houses of parliament 
they speak their fears. Such being the general sentiment of 
Europe, can it be supposed that they will view without anxiety 
a new extension of that power and dominion, the object of 
their hatred and apprehension. 

Will it be said that there is a security to the freedom of 
mankind from the moderation with which this enormous pow- 
er is to be exercised ? Vain delusion ! This power is not the 
result of accident. At the moment Vv'hen France dethroned 
her sovereign, it was easy to foresee that a contest must ensue 
in which her existenc® woidd be staked against the empire of 
the world. If not conquered by surrounding princes (and the 
hope of such conquest unless by the aid of her own citizens 



( 128 ; 

was idle) her numerous armies acquiring discipline must even- 
tually conquer. She had the advantages of situation, and 
those which result from union, opposed to councils uncertain 
and selnsh. It was easy also to foresee that, in the F.ame 
progress of events, some fortunate soldier would seat himself 
on the vacant throne : for the idea of a French republic was 
always a ridiculous chimera. Bonaparte has placed himself 
at the head of that nation by deeds which cast a lustre on his 
name. In his splendid career he must proceed. When he 
ceases to act he will cease to reign. Whenever in any plan he 
fails, that moment he falls. He is condemned to magnifi- 
cence. To him are forbidden the harmonies and the chari- 
ties of social life. He commands a noble and gallant nation 
passionately fond of glory. That nation stimulates him to 
glorious enterprize, and because they are generous and brave, 
they ensure his success. Thus the same principle presents at 
once the object and the means. Impelled by imperious cir- 
cumstances, he rules in Europe, and he will rule here also, 
unless by vigorous exertion you set a bound to his power. 

Having cast thus a rapid glance on the general state of 
Europe, it remains to look particularly at the condition of 
England and Spain, so far as they may be affected by the ces- 
sion of those provinces to France. England v/ill see in it an 
increase of commerce and naval force for her rival. She will 
see imminent danger to her islands, and particularly to Jamaica, 
The ' iimate of Pensacola has already been noticed. The 
position is of incalculable moment. During the sickly and 
hurricane season, fleets and armies may wait there in safety 
till their enemy shall be enfeebled and unprotected. Where 
vvill the British fleets and armies be stationed with equal ad- 
vantage ? If they ask an asylum in your ports, you must re- 
fuse ; for should you listen to any such proposition your kind- 
ness would be considered as a hostile aggression. The influ- 
ence of France on the United States (which has already been 
noticed) will give double weight to her representations. And 
this very influence is among the effects which Britain must 
deprecate. I have not time to dwell on this subject, nor 
many others as fully as I ought. The condition of Spain is 
not less worthy of notice. No two nations on earth have more 
rooted hatred for each other than France and Spain. There 
are none more different in essential points of character.... 
United, however, under sovereigns of the same family, these 
antipathies were wearing away. But the fatal stroke which 
destroyed the French monarch has severed that band. Force 



( 129 ) 

has since produced not union, but submission. It is not in 
nature that the Spanish king should foster kindly sentiments 
for him Avho has decked himself in the spoil of his house.... 
The proud, the brave, and the loyal Castilian groans under 
the yoke which galls him, but which he cannot break, and 
sickens at the recollection of his ancient glory. His deep I'e- 
scntments are known, and it is to prevent their effects that he 
has been compelled to make the cession of those provinces.... 
France will then hold at her discretion the Spanish treasures, 
and the rich provinces of the New World. At the first sym- 
tom of hostile sentiment, she arrests the means of aggression. 
7"hus the dependance of Spain is rendered absolute, aud her 
chains are riveted forever. Does Spain behold this state of 
things with calm indifference ? No ; she feels all the pangs of 
v/ounded pride, driven to the necessity of perpetuating its own 
humiliation. 

A fev/ words after what has already been said will suffice 
to shew the im.portance of those provinces to France. This re- 
sults from the inHuence on her rival, on Spain, and on the 
United States ; by means of the position, the resources and 
the means of aggression which those provinces afford. Enough 
has been said of the position. The resources are great and 
encreasing. Not only cotton and indigo will be furnished 
for her manufactui-es, but supplies and subsistence for her 
colonies and her troops. These resources too will be at the 
very point most important both for defence and aggression.... 
The same force will be ready to operate either against En- 
gland, Spain, or America. Thus that force will be tripled 
in its moral effect, and influence alike the conduct of all 
against whom it may be directed. To what has been said on. 
the facility with which we may be assailed, I might add much, 
but it is unnecessary. It behoves us, however, to consider 
well the spirit of the French government, which in all its 
changes, has never lost sight of this object. The French 
minister Mons. De la Luzerne, when Congress were delibe- 
rating on the ultimata for peace, obtained a resolution that our 
ministers should, as to our western boundary, treat under the 
dictation of France. Our ministers disdained the condition, 
and refused to obey. Their manly conduct obtained for you 
the countries whose fate is now suspended on your delibera- 
tions. Never, no never, has France lost sight of Louisiana. 
Never for a moment has she been blind to its importance.... 
Those who, driven from her bosom into exile, w^andered about 
among us, have gathered and communicated the fullest infor- 

S 



( 130 J 

lAation. While they enjoyed your hospitaVity, they probed 
your weakness, and meditated the means of controliing your 
conduct. Whatever may be the fair appearances, rely en it 
that everv Frenchman bears with him every where a French 
heart, and so he ought. I honor him for it. O I that Ame- 
ricans had always an American heart ! 

It remains to notice the advantage of this country to the 
United States, as it may relate to our power, our peace, our 
commerce, and above all, to our freedom. As to our power 
something has already been said on the peaceful influence 
which results from the dependance of colonies belonging to 
the great nations of Europe.. ..add to this, that the product of 
those colonies must pass by our doors and be exposed to our 
cruisers. A further advantage is to be found in the ready 
means of invasion (in concert with the troops of others) if 
driven to the necessity of war. The possession of power will 
give us not only security, but peace. Peace indeed can never 
be safe but by the aid of power. Our disposition is pacific. 
It is our interest to be at peace, and the form of our govern- 
ment, while it secures to us the enjoyment of as much liberty 
as is possible, renders it particularly imprudent to risque in 
war, any change of the constitution. Grant us these provin- 
ces, and we can dictate the conditions of our commerce with 
the islands. Possessed of them, it will be doubly lucrative, 
and without them, wholly uncertain. There is another stream 
of profitable trade which will then flow in ovir channels. The 
risque and difRculty which Spain experiences in bringing home 
her treasures when she is at war, Avill naturally suggest the 
advantage of remitting them through this country. The pro- 
duce of the Mexican mines may then be shipped directly to 
Asia. It will be paid for to Spain by bills on the commercial 
nations, and tluis furnish to her the easy means of obtaining 
the supplies she may stand in need of. The bullion will be so 
iruch the more valuable, as the danger and expence of trans- 
portation are diminished. This, therefore, would have a 
beneficial result upon the whole commercial world. It would 
more especially emancipate Spain from her present thraldom. 
It would give a happy change to all her interior administra- 
tion, and increase both her absolute and relative force. Let 
me say here, that it is our interest to preserve the authority of 
Spain over her American territory. We have enough of our 
own. We can have no wish to extend our dominion. We 
want men, not land. We are therefore the natural, and the 
safe guardians of Spain. On us she may rely with perfect 



( 131 ) 

^confidence. We can derive from that commerce, which it ijs 
htr interest to permit, all the advantage we ought to ask. But 
g.-eJt as are the benefits which wiil result irom the possession 
of the Floridas and New Orleans, great as is their tendency to 
advance our power, secure cur peace, and extend our com- 
m.rce, there is a consideration, in comparison with which, 
commerce, peace, and power, are of but slight avail. These 
provifioes will fortifv the defences of our freedom. My ho- 
norable colleague has stated to you his apprehensions of stand- 
ing armies. And yet, sir, if we be not possessed of this ter- 
ritory, standing armies become necessary. Without an im- 
posing military force, the inhabitants of the western country 
Aviil be in such immediate danger, that they must league with 
a neighbor Vvho will have every thing to offer, and from whom 
they will have every thing to fear. This will lead to the worst 
oi'all wars, to civil war. And when that shall happen, liberty 
wiil soon oe lost. The army M^iich has defeated one halt the 
nalion, will easily lend itself to enslave the other. Such is 
the history, and such will ever be the fate of man. In this 
view then, above all others, is that possession most precious. 
When it is in our hands, Ave need no standing army. We 
can turn our whole attention to naval defence, which gives 
complete security both at home and abroad. When we have 
twenty ships of the line at sea, and there is no good reason 
why we should not have tliem, we shall be respected by all 
Earope. The sense of security resulting from such force, 
mast give a new spring to industry and encrease the stock of 
national wealth. The expence, compared with the benefit, is 
moderate, nay, trifling. And let me liere say one word as to 
national expence. Sir, v/hatever sums are necessary to se- 
cure the national independence, must be paid. They will not 
amount- to one half of what it must cost us to be subdued. If 
we v/ill not pay to be defended, we must pay for being con- 
quered. There is no medium, and but the single alternative. 
In the proper expenditure for defence, therefore, is true econ- 
omy, and every pitiful saving, inconsistent with that object, 
js the worst, the most profligate profusion. 

Having nov/ considered, in its various relations, the im- 
portance ot these provinces, the way is open to estimate our 
chance of obtaining them by negociation. Let me ask on what 
ground you mean to treat i Do you expect to persuade ? Do 
)oa liope to intimidate ? If to persuade, what are your means 
of persuasion ? Every gentleman admits the importance of 
t;l^is country. Think you the First Consul, whose capacious 



( 132 ) 

mind embraces the globe, is alone ignorant of it--, value ? Is 
he a child whom you may win by a rattle to comply with vour 
wishes ? Will you, like a nurse, sing to him a lullaby ? It you 
have no hope from fondling attentipns and soothing sounds, 
what have you to offer in exchange ? Have you any thing to 
give which he will take ? He wants power. You have no 
pov/cr. He wants dominion. You have no dominion. At 
least none that you can grant. He v/ants influence in Europe. 
And have }ou any influence in Europe? What, in the name of 
her.ven, are the means by which you would render this nego- 
ciation successful ? Is it by some secret spell ? Have vou any 
magic power? Will you draw a circle and conjure up devils 
to assist you ? Or do you rely on the charms of those beauti- 
ful girls with whom the gentleman near me says, the French 
grenadiers are to incorporate ? If so, why don't you send an 
embassy of women? Gentlemen talk of the pi-incipks of our 
government, as if they could obtain for us the desired boon. 
But what wil! these principles avail? When you enquire as to 
the force of France, Austria, or Russia, do you ask whether 
they have a habeas corpus act, or a trial by jury ? Do you 
estimate their power, discuss their interior police ? No. The 
question is, how many battalions have they ? V/hat train of 
nrtillery can they bring into t'.ie field? How many ships can 
they send to sea ? These are the important circumstances 
which commend respect and facilitate negociation. Can you 
display these pcv/erful motives? Alas 1 Alas ! To all these 
questions you answer by one poor word.... confidence.... confi- 
dence.. ..confidence. ...Yea, verily, we have confidence. ...We 
have faith and hope, aye: and we have charity too. Well.... 
Go to market with these christian virtues, and what will you 
get for them ? Just nothing. Yet in the face of reason and 
experience, you have confidence : but in whom ? Why, in our 
worthy President. But he cannot make the treaty alone„ 
There must be two parties to a bargain. I ask if you have 
confidence also in the First Consul ? But whither, in the name 
of heaven, does this confidence lead, and to what' does it 
tend? The time is precious. We waste, and we have already 
v/asted moments which will never return. You have already 
tried negociation. I say you have tried it, because I know 
you have a minister in France, and I am sure the first magis- 
trate of our country cannot have been so negligent as not to 
pay attention to a subject which is confessedly of such magni- 
tude. You have then negociated. And with what success ? 
V/hy, instead of defeating the cession )'ou have closed the 



C 133 ) 

liver. Inster^d of obtaining any advantage by a 7}eiv treaty, 
you have lost the benciit of an old one. Such are the results 
of your negociation in Europe. In this country you havs 
negociated to get baci*; the privilege you are robbed of : and 
what follows ? A prohibition to touch their shores. Instead 
of restoring the rights of treaty, they cut you off from the riglits 
of humanity. Such is your splendid success from nego- 
ciation ; and yet gentlemen tcU us we must continue to nego- 
ciate. The honorable member from Kentucky, says that great 
Lengths are gone in enquiring into, and rectifying the irregular 
procedure.... He tells us a minister is just appointed, audit 
would therefore be inconsistent to fight just now: that more- 
over it would degrade the President's authority, and defeat his 
measures. The gentleman from Georgia, says v/e have no 
I'ight to go to war till there shall be a refusal on the part of 
Spain ; and my honorable colleague assures us, that if our 
wrongs are redressed by negociation, v/e can have no com- 
plaint. As to the lengths which are gone, it is for those gen- 
tlemen to appreciate their value, who know what they are. 
I profess my ignorance, and jvidgingby effects, must withhold 
my confidence. If we must wait for a pcint&d refusal liefore 
we do ourselves right, I venture to predict ?. delay fatal to the 
peace of this country;. But, sir, what is it we are to ask, the 
refusal of which will justify war ? Is it (as my honorable col- 
league supposes) a mere restitution of a privilege wrongfully 
taken away? Sir, I answer in the words of the resolutions 
moved by my friend. " It does not consist with the dignity 
of this country to hold a right so important by a tenure so un- 
certain." But the honorable member from Maryland has told 
us that we need not cross the Atlantic to seek for precedents, 
that we have enough on our own archives ; and he has had 
the goodness to mention our humble petitions presented to the 
king of Great Britain in 1775. We sent, says he, petition 
after petition. I am sure that honorable member has no wish 
that a minister should be sent to bear our humble petitions to 
the footstool of the First Consul's throne. But, sir, whether 
we treat or pray, it will end as it did in 1775, by war, luiless 
we are determined to give up that independence v/hich we then 
foaght to establish. Let us consider a moment the natural 
course of this negociation. It is the interest of France to fos- 
ter in us a hope from treaty, until she has put herself in a con- 
dition to frustrate all other hope. There can be no question 
f.r.erefore that she has avoided, and will avoid a direct refusal. 
A.nd as long as we are content to accept of 5-niooth speeches, 



( 134 ) 

general assurances, vague assertions, and loose evasions, we 
siiull have no want of that court currency. But whv (it may 
be said) has she not already taken possession ? Because her 
original plans have been greatly deranged. St. Domingo pre- 
sented obstacles unexpected, and that enterprize must not be 
abandoned, lor though the island ma\^ not in itself be of much 
consequence, though it must be ruined before it can be con- 
quered, yet conquered it must be, for the world must continue 
to believe that the First Consul cannot fail in what he has un-r 
dertaken. Much of his power rests on that opinion, and it 
must therefore be maintained. But there are other incidents 
beside those of St. Domingo Avhich have had the same ten- 
dency. There followed on the general peace a serious dis- 
cussion of the German indemnities ; then the affairs of Italy ; 
lately of Switzerland ; and during the whole momentous p^L-iod 
it v/us doubtful how far England would bear a continuecl inva- 
sion of the liberties of Europe. And it was evident that 
should the war recommence with England, the force sent to 
this country would be totally lost. It w as important, there- 
fore, to gain time ; and for that very reason we should have 
insisted on an immediate decision. Such then is the state of 
this treaty so fondly desired. A treaty by which we are to 
ask much and offer nothing. A negociation in which we 
have no means to persuade. Have we -any to intimidate ? 
Where is your public force ? You have none ; and seem re- 
solved not to have or use any. My honorable colleague tells 
us that war will encrease our debt one hundred millions, and 
that our people are not fond of taxes. He says Ave are tr\ing 
a 7ietu experiment to pay our debts in a given period, which 
war would derange. It would injure, moreovei', our pacific 
character, and might rfrarv dorvn the jealousy of all nations 
who have colonies. He believes that three-fourths of our 
people are opposed to war ; but yet he thinks that nine months 
hence we shall be in a better condition. What is the effect of 
this language ? Is it not to convince the adverse party that he 
has nothing to fear from a refusal ? As to this experiment for 
the payment of our debts, whether it has the merit of novelty 
I shall not enquire ; but I am bold to assert that the merit, be 
it what it may, is due to one of my worthy friends who for- 
merly administered our finances. The same plan also has 
l>een adopted by another great statesman, (Mr. Pitt) who has 
for many years past provided regvilarly a fund to liquidate in a 
given period each debt which his nation has incurred. But 
does England trust her safety to the protection of her sinking 



( 135 ) 

fund ? No. She has fifty thousand seamen employed, and a 
hundred thousand soldiers. ...These form the shield of her de- 
fence. A gentleman near me has told us, that in case of war 
our mercantile capital is exposed in every part of the world. 
To this I answer, first, that the same objection will apply with 
equal weight upon any and every occasion. But further, I say, 
the argument is directly and completely against him. How 
does it sttmd ? He admits that if negociation fails he will draw 
the sword. He goes further, and says he will throw away 
the scabbard. Now, sir, it is clear that if we operate at once, 
notice may be given to our merchants. Advices mav be sent 
in season to every sea. And here let me say, that it is a duty 
of the government to apprize both our insurers and shippers 
of their dangerous situation. It is unwise as well as unjust 
to lull them into a fatal security. But suppose the treaty shall 
fail, and remember that the success or failure depends on 
Bonaparte, he will weigh the present declarations and act ac- 
cordingly. He will commence a war on your commerce long 
before you know that war exists. I say, therefore, the argu- 
ment is directly against the gentleman who used it. And here 
let me say one word on *he comparative merits of the resolu- 
tions on your table. Those moved by my honorable friend 
give the President command not only of the militia, but of tht 
naval and military force. They place money at his disposal, 
and what is most important, they put it in his power to use 
these efficient means. The resolutions moved as an amend- 
ment, authorize indeed a call for a greater number of militia, 
but vv^hen called they can do nothing but consume their rations. 
There is no povv'er to bring them into action, and of course^ 
the expence is useless, even for the purpose of influence. 

Having endeavored to shew that we have no hope from 
treaty, it only remains to consider the natural effect of taking 
an immediate possession. Against this measure it has been 
said, that war, instead of giving relief, will absolutely shut 
up the Mississippi. That a single seventy-four in the mouth 
of that river would stop it effectually. I believe, sir, it would 
no' only stop but turn it ; for a seventy-four would run aground 
and obstruct the channel. But what is the amount of these 
observations ? The gentlemen all agree that if they cannot 
obtain their object without war, they v/ill light for it. The 
mischief they deprecate must therefore arrive, unless there be 
a well grounded hope from treaty, and the only difference iy, 
that they are willing to take a longer term of sufference, be- 
cause they have a stronger expectation of relief Vy'ithout th^i 



( 136 ) 

exertion of force. I have no such expectation. I shall, there- 
fore, proceed to consider what will follow if we take posses- 
sion xulthoiit a previous alliance with Britain, or xvitli such an 
iiUiance. I have heard it urged in conversation that such aU 
liance should first be made, and therefore I think it proper to 
take up the subject in debate. I cannot, however, but remark 
on the different language now held from that which v/e heard 
a year ago. Then it was the fashion to say, we had nothing 
to do with other nations. And when a man of plain sens-e 
observed that this disposition was of little avail, because other 
nations would have something to do vv^ith us ; and when the 
particular danger v/cnow see wao pointed out ; Oh 1 then, to be 
sure, there v/as notliing to apprehend from our dear si&ter re- 
public ! I censure no man lor adopting other and wiser prin- 
ciples. I have no question but that as gentlemen proceed in 
the business of government, they Vv'ill sec .the folly of many 
other fanciful notions, but I must entreat them not to fly from 
one extreme to the other. I hesitate not to give my opinion 
that we ought to take possession v/ithrut consulting Great 
Britain. And having done so, let us declare to France that we 
mean to live with her in perfect amity. Let us offer every 
assistance in our power to conquer and preserve St. Domingo. 
Let us shew her that we have done an act of mere defence. 
Let us prove our pacific disposition by declaring that vre are 
under the tie of no obligation to her rival. To Spain let usf 
hold a similar language. Let us point out her present danger 
and demonstrate the utility of our possession. To both let us 
offer to relinquish our claims for spoliations on our commerce 
and pay our own inerchants. We can well afford to purchase 
with that price, a price paid to ourselves. Finally, if our re- 
presentations do not produce the desired effect, let us tell 
them that we will ally ourselves to England, and aid in the 
conquest of all their American dominions. Sir, this language 
v/ill be listened to. Rely on it that under such circumstances 
neither France nor Spain dare send hither a single regi- 
ment or a single ship. The existence of the British naval 
force will alone produce all the effect you could ask from its 
operation. But what are we to hope from a delay until an 
alliance shall be made ? Wliat v/ill be the stipulations of the 
treaty of alliance ? These may be more or less onerous or 
pernicious. Certainly the British minister will not hazard the 
iaie of his nation without the hope of some correspondent ad- 
vantage. One stipulation is certain. Vve must agree to con- 
tinue the vfar undl a peace can be obtained by commcrn con- 



( 137 ) 

sent: and this is precisely the stipulation which we ought not 
to make, if it can be avoided ; because we shall then be no 
longer masters of our exterior relations. To this it may be 
objected, that we cannot expect aid from Britain without a 
previous treaty. I ask what reliance you have for aid with 
treaty i The answer is, that it will be her interest. And, sir, 
it is her interest to give that aid without treaty. 

I have now gone through this tedious discussion. I have 
trespassed on your patience more than I wished, although, 
from the lateness of the hour, much has been omitted of what 
I ought to have said. I have endeavored to shew that under 
the existing circumstances, we are now actually at war, and 
have no cnoice but manly resistance or vile submission. That 
the possession of this country by France is dangerous to 
other nations, but fatal to us. That it forms a natural and 
necessary part of our empire, that to use the strong language 
of the gentleman near me, it is joined to us by the hand of the 
Almighty, and that we have no hope of obtaining it by treaty. 
If indeed there be any such hope, it must be by adopting the 
resolutions offered by my honorable friend. Sir, I wish for 
peace.... I v/ish the negociation may succeed, and therefore I 
strongly urge you to adopt those resolutions. But though you 
should adopt them, they alone will not insure success. I have 
no hesitation in saying that you ought to have taken possession 
of New Orleans and the Floridas, the instant your treaty was 
violated. You ought to do it now. Your rights are invaded, 
confidence in negociation is vain : there is therefore no alter- 
native but force. You are exposed to imminent present dan- 
ger. You have the prospect of great future advantage. You 
are justified by the clearest principles of right. You are urged 
by the strongest motives of policy. You are commanded by 
every sentiment of national dignity. Look at the conduct of 
America In her infant years. When there was no actual inva- 
sion of right, but only a claim to invade... .She resisted the 
claim. She spurned the insult. Did we then hesitate ? Did 
we then wait for foreign alliance ? No.. ..animated with the 
spirit, warmed with the soul of freedom, we threw our oaths 
of allegiance in the face of our sovereign, and committed our 
fortunes and our fate to the God of battles. We then were 
subjects. We had not then attained to the dignity of an inde- 
pendent republic. We then had no rank among the nations of 
the earth. But we had the spirit v>^hich deserved that ele- 
vated station. And now that we have gained it, shall we fall 
from our honor ? 

T 



( 138 I 

Sir, I repeat to you that I wish for peace : real, lastrag.^; 
honorable peace. To obtain and secure this blessing, let us^. 
by a bold and decisive conduct, convince the powers oi Europe 
that we are determined to defend our rights ; that we will not 
submit to insult ; that we will not bear degradation. This i& 
the conduct which becomes a generous people. This conduct 
will command the respect of the world. Nay, sir, it may 
rouse all Europe to a proper sense of their situation. They 
see that the balance of power on v/hich their liberties depend,, 
is, if not destroyed, in extreme danger. They know that the 
dominion of France, has been extended by the sv/ord over 
millions who groan in the servitude of their new masters. 
These unwilling subjects are ripe for revolt. The empire of 
the Gauls is not like that of Rome secured by polftical institu- 
tions. It may yet be broken. But whatever may be the con- 
duct of others, let us act as becomes ourselves. I cannot be- 
lieve with my honorable colleague, that three-fourths of Ame- 
rica are opposed to vigorous measures. I cannat believe that 
they will meanly refuse to pay the sums needful to vindicate 
their honor and support their independence. Sir, this is a 
libel on the people of America* They will disdain submis- 
sion to the proudest sovereign on earth. They have not lost 
the spirit of seventy-six. But, sir, if they are so base as to 
barter their rig'iits for gold, if they are so vile that they will 
not defeiKl their honor, they are unworthy of the rank they 
enjoy, and it is no matter how soon they are parcelled out 
amojig better masters. 

My honorable friend from Pennsylvania, in opening this 
debate, pledged himself and his friends to support the execu- 
tive government if they wovild adopt a manly conduct. I have 
no hesitation to renew that pledge. Act as becomes America,, 
and all America will be united in your support. What is our 
conduct ? Do we endeavor to fetter and trammel the execu- 
tive authority ? Do we oppose obstacles? Do we raise diffi- 
culties ? No. We are willing to commit into the hands of 
the chief magistrate the treastire, the power, and the energies 
of the countty. We ask for ourselves nothing. We expect 
nothing. All we ask is for our country. And although, we 
do not believe in the success of treaty, yet the resolutions we 
move, and the language we hold, are calculated to promote it., 

I have now performed, to the best of my power, the great 
duty which I owed to my country. I have given that advice 
which in my soul I believe to be the best. But I have litde 
hope that it will be adopted. I fear that by feeble councila 



( 139 ) 

•wt shall be exposed to a long and bloody war. This fear Is, 
perhaps, ill founded, and if so I shall thank God that I vf as 
.tnistaken. I know that in the order of his Providence, the 
owisest ends frequently result from the most foolish measures. 
Jt is our duty to submit ourselves to his high dispensations. I 
know that war, \vith all its misery, is not wholly without ad- 
vantage. It calls forth the energies of character, it favoi-s 
the manly virtues, it gives elevation to sentiment, it produces 
national union, generates patriotic love, and infuses a just 
sense of national honor. If then we are doomed to war, let 
us meet it as we ought ; and when the hour of trial comes, let 
it find us a band of brothers. 

Sir, I have done, and I pray to Almighty God that this 
day's debate may eventuate in the prospeinty, the freedom, 
the peace, the power, and the glory of our country. 

Mr. Wright (in explanation) said, the gentleman who 
spoke last had mistated his expressions and sentiments ; he 
had stated that he (]Mr. W.) had held forth the idea, that we 
should petition- France for a redress of grievances, as we had 
in our colonial state petitioned Great Britain. 

Mr. Morris, said he had not expressed himself so.. ..it 
-was not his intention to convey any such meaning. 

Mr, Wright. The gentleman has retracted and I am 
^satisfied ; though he did certainly so couch his language as to 
.leave an -impression of that abject kind- 
Mr. Tracy moved a division of the question. 
Mr. Wright said the question was incapable of division, 
^s it was on striking out all that follows the word resolved. 

Gen. S. T. Mason said as the gentlemen appeared dispos- 
.ed to create a debate on a subject of no importance at that 
hour of the day, (half past seven P.. M.) he would move for 
an adjournment. 

A division was then called for, and upon counting, the Vice 
President declared the numbers twelve and twelve, that the 
house was equally divided, and that he was against an ad- 
journment. 

Mr. Anderson asked if the Pi-esident of the Senate 
meant to say there were only twelve for an adjournment?..... 
He was answered in the affirmative. IMr. A. demanded a 
flivision, and upon counting,] it appeared there were thirteen 
/or adjourning, and twelve against it. 

The house was adjourned. 



C i-io ) 



Friday, February 25. 

The order of the day being read, on the rcsokitions of= 
fared by Mr. Ross.... 

Mr. Anderson (of Tennessee) said he rose v/ith much 
diffidence, after the very able discussion which the subject had 
already undergone ; after so many men distinguished among 
the first in our country, had treated it with so mucli ability, he 
could not expect to furnish many new facts or observations on 
the subject. But coming from that part of the country which 
is particularly interested in the discussion, he felt himself par- 
ticularly bound to offer a few remarks, which some erroneous 
statenaents that had fallen in debate, from the gentleman from 
Delaware, (Mr. White) particularly called for. He would, 
while he was up, endeavor to add a few observations on the 
resolutions. 

The first of the resolutions appeared to him to be intro- 
duced merely with a view to involve the members who were 
opposed to hostile measures, in a dilemma. It was the asser- 
tion of a truth which no one would deny, but it was connected 
with other resolutions or assertions, which must from proprie- 
ty bring the whok under a negative vote. Taking the naked 
proposition that we have a right to the place of deposit, we 
all agree j that it has been suspended, we are equally agreed ; 
but there we stop ; by prefacing their resolutions with these 
truths, they expect either to induce us to vote for other things 
repugnant to our judgment, or aiford room for the imputatioa 
of wrong motives and clamor abroad. But we are not to be 
led astray in this way, nor are the people of this country to be 
so deceived. On the first organization of the government, 
the most earaest attention was directed to that river ; and it is 
now as much an object of the care of govermnent, as at any 
period since we have been an independent people. Gentle- 
men have not, therefore, represented the matter with that 
candor which the seriousness of the subject demanded. Th§ 
navigation of the Mississippi has not been infringed on the 
present occasion, though the arguments of ail, and the asser- 
tions of some, went to the extreme on that point. I'he river, 
he repeated, it was and continues to be open, and he could 
not discover the utility of our declaring our right to the free 
navigation when we are in full unmolested possession of the 
right. He could indeed discover something beside utility j 



( 141 ) 

he could see a d-es'igti no wise founded. ...the gentlemen ex- 
pected with them the votes of the western members... .they 
■expected to play upon our passions, and to place us between 
the danger of unpopularity and the sense of personal feeling, 
in a case of a critical nature. But gentlemen would find them- 
selves mistaken to the utmost ; though he felt himself in com- 
mon with other western members, responsible to his consti- 
tuents, yet he would on all occasions where the sense ot 
right impressed itself strongly on him, risk popularity to do 
right. On this occasion, he saw no danger of his popularit}'^, 
because, although he was aware that the people whom he re- 
presented were dissatisfied, they respected their government 
and themselves too much to countenance any means that were 
not honorable and just, to obtain the deposit right. 

The resolutions call upon us to declare the deprivation 
jof the right of deposit to be hostile to our honor and interests. 
On this there v/ere a variety of opinions ; and it appears to be 
agreed, (for it was not contradicted by any) that the act of an 
individual unauthorised, cannot be either a cause of war, or an 
act of the government of which he is an officer. No gentle- 
man has positively declared the act t3 be authorised by 
Spain. ...we have the best evidence that the case will admit, 
that it has not been authorised. As the act of an individual, 
therefore, it cannot affect the honor of this country. That the 
interests are affected are agreed on all hands, but then the due 
course of proceeding has been adopted, and redress is to be 
expected. If it should be denied us, we have our remedy, 
and it is then diat it will become a point of honor. But now, 
as had been well said by his friend from Georgia, (Gen. Jack- 
son) if we were to rashly declare the act of the individual con- 
trary to our national honor, we could not retrogade. And4f 
Spain should not do us justice, he trusted that we should then 
take our strong ground, and not give way a step. This would 
be the effect ; gentlemen do not know the American character, 
they under rate it ; there is not that levity in it which gentle- 
men suppose capable of being lightly led astray ; the character 
of America is fixed.. ..and when real necessity calls for their 
exertions, the people will require no artificial excitement. 

It was said that the tenure we hold by is uncertain, and 
. it was not consistent with our dignity. This was a ground 
upon which all the art and ingenuity for which the gentleman 
who framed the resolutions is so much distinguished for ; it 
is calculated to seize upon the passions of western men by a 
shew of solicitude for the security of their rights and prospe- 
rity. But, however ingenious the contrivance, thf d('ceptioa 



C 142 ) 

iipon which it is founded, must destroy all its intended effect^ 
for the facts upon which it rests for support, must first be ac- 
Ichowleged, before the conckisions can follow. And the no- 
tion of dignity with which the idea is connected must lead to 
a suspicion that something more is meant than bare right or 
justice, because in thera alone true dignity rests. 

The next point is that we mvist be secured in this, our ab- 
solute right. He would ask, v/as hostility and invasion of aneigh- 
bor's territory compatible with dignity, or the means calculated 
to give us this security ? We all agree upon the necessity of 
the right, and of its permanent security. We differ very 
widely upon the mode by which we are to establish this se- 
curity. This point had been dwelt on with very great labor 
by the gentleman from Pennsylvania, and discussed with par^. 
ticular splendor of language, and in a variety of views by the 
gentleman from New York, (Mr. Morris) ; but upon testing 
the eloquence and ingenuity of the gentlemen by simple facts, 
and comparing their erroneous conceptions of the western 
people, with the labor which they have employed to force ar- 
guments from extraneous sources, the only result which re» 
mains, is, that the gentlemen are very ingenious and very elo^" 
qucnt, but not at all convincing. For with all the pains they 
have taken to enlighten us, they have not produced a single 
reason why v/e should depart on this occasion from the course 
which had been ever pursued as the wisest policy by our go- 
vernment ; they had not given us the remotest ground of jus- 
tifiable hope, that even if we were to adopt their views, that 
v/e should be more likely to obtain our object in that shape. 
The gentlemen had invoked us to descend the river, but they 
had not told us what we should gaip, nor even counted on the 
difficulties of the very first part of their project. They had 
kept out of sight what no wise man in public affairs will ever 
neglect the consideration of, the chances of adversity or pf 
disappointnient, from natural or accidental causes. They 
had not calculated even the consequences of a war which must 
be the inevitable result,. ..v/hich would deprive us in the first 
instance of our treaty right, and which even after war load taken 
place, lives and money wasted, would leave us mider the ne^ 
cessity of treating at last. 

Having so far stated his exceptions to the leading features 
of the resolutions, he would not undertake to follow the gen» 
tlemen on the other side through all those mazes in which they 
had endeavored to perplex the subject, and bewilder the 
house ; but he would offer a few observations on some detached 
points. A gentleman fi-om Delavv-are had, hs conceived, 



( 143 ) 

thrown out an unwarrantable and indecorou3 insinviatioiv, tfiat' 
there was a disposition in some of the members of that house 
to throw themselves at the footstool of the First Consul. Tl\at 
gentleman should know that such a disposition could not be 
countenanced, if it were conceived ; and it would be doing 
injustice to his understanding to suppose that he had misun- 
lierstood the sentimexUs uttered by any gentleman. The uni- 
form sentiment entertained and expressed, countenanced no 
such mean or dishonorable purpose ; olu^ object is to demand 
justice and redress for violated rights, and the security of those 
rights held im-der a ti'eaty which had its existence prior to the 
treaty of cession from Spain to France. This was the usual 
course ; vrhat the motive of the gentlenaan v/as, who had made 
an insinuation so improper, he would not in that place express, 
but he had an opinio A of that motive. We are told as a 
reason why we should seize upon New Orleans, that it belongs 
to France. This he conceived to be rather a sound reason 
why wc should not attack it ; for the suspension of our right 
is the act of a Spanish ollicer. The gentleman says, the Spa- 
niards mean to usurp the exclusive navigation of the Missis- 
sippi. This is no doubt an artful mode of addressing the 
passions of the western people ; but facts here overturn the 
most artful insinuations. The navigation of the Mississippi 
is not even brought into question..... no obstruction has beensa 
much as attempted to the navigation of that river ; the sum of 
the injury and the dispute is the infringement of a right of de-i 
posit, and that granted only for a limited time at the place 
where it is suspended. 

He says the western people v/ill not v/ait for negpci?tion„ 
He could not conceive upon what kind of instinct or intelli- 
gence gentlemen could pretenxl to know the sentiments and 
character of the wcstei;n people better than those who lived 
among them, and who- immediately represented them. When; 
did that part of the country manifest a disregard to the union^. 
or the peace of their country ? Did they not suffer their coun- 
try to be cut in twain by the treaty of Holstein, r^nd one half 
ceded to the Indians, and did they not suffer all the attendant 
evils patiently ? For what end ? Because the public good re- 
quired lU 

From time to time, he had heard in that house and ia 
other places, the most v.'anton and cruel aspersions, cast upon.- 
the people of the western country. He knew not hov/ gen- 
tlemen could reconcile their pretensions of regard for the wes- 
tern people, with odious imputations v/hich were conrtantlv 



( 144 ) 

cast upon their attachment. The whole of the opposition np^ 
peared to concur in their illiberaUty towards the western peo- 
ple, at the very moment they were professing so much ijeal 
lor their good. The late President of the United States had 
in a most unwarrantable manner told him, that the western 
people were ready to hold out their hands to the first foreigner 
that should offer them an alliance ; the same sentiment is 
echoed here, only in different terms. But such vile imputa- 
tions attached not to the western people, but to those who 
employed them. The western people are Americans, who 
wasted the spring-tide and summer of their daya in the cause 
of their country ; men, who having spent their patrimony in 
establishing their country's independence, travelled to the wil- 
derness, to seek a homestead for themselves and children. 
Was it honorable, was it consistent with those labored efforts 
for their good, which we are told actuate gentlemen, to ca- 
lumniate them in so unworthy a fashion ? Gentlemen appear 
by their gestures to deny that they have been guilty of this 
calumn}'. But my charge against them is not of that evasive 
or double character which they deal in ; the words they have 
used I have take down. ...they are, " The French would draw 
the western people into an alliance." " The western people 
would be influenced by the insidious emissaries of l''rance." 
" Corruption would find its way among them, and be trans* 
ferred even to that floor." Is this not calumny of the darkest 
hue ? Is this the way in which 600,000 men are to be stigma- 
tized ? Men, a greater proportion of whom are soldiers who 
fought for the independence of America, than ever was to 
be lound in the whole state (Delaware) to which the gen- 
tleman belongs. 

Another gentleman from that state (Mr. Wells) had 
said yestel•da^■, that the arguments from this side of the house 
had only tended to confirm him in the opinion which he had 
originally conceived. It was not the first time that he had 
heard this little species of argument employed ; the gentlemen 
who are now in the minority, have been often obliged to their 
opponents for supplying them with this kind of conviction.. ..it 
v/iis too poor a species of consolation to them for him to enter- 
tain the least desire of depriving them of it. 

Yet with all this disrespect for the western people, they 
tell \"5 that they are their only friends.... that after we have 
convinced them of the correctness of their opinions, we ought 
to confide in those whom we have convinced without intend- 
ing it.. ..that though we are ourselves convinced of the proprie- 



( 145 ) 

ty of negociation, and although a majority of that Senate, and 
the executive, had aheady determined upon it, we should hs- 
ten to those gentlemen, who say, that corrupt influence will 
lind its way to this floor from the western country, and undo all 
we have done to adopt what they call measures of energy. Gen- 
tlemen have mistaken both their own powers of conversion, 
and the mode of argument which they have adopted to convert 
vis, or to inspire confidence in their professions among the 
western people. We are always ready to defend our country 
when occasion calls, with something better than words. ...but 
we know that if there is honor in defending our country in 
battle, there is both honor and virtue in defending it by pru- 
dence, without dishonor. 

This mode of defence he found contemplated by the reso- 
lutions offered as substitutes. The gentleman (Mr. Ross) 
had indeed, as is usual with him, upon the most desperate sub- 
ject, made a very ingenious speech ; but it was so much per- 
plexed by subtlety, that like the Gordian knot, it appeared 
incapable, of being untied but by the sword. He hoped, how- 
ever, it would not require an Alexander to atchieve it. 

During twelve years, eight of which one of the first men 
the world ever saw, or perhaps ever will see, presided over 
our affairs, the policy of pacific negociation prevailed in our 
councils ; a policy somewhat more hostile in its aspect was 
attempted by his successor, but still negociation succeeded ne- 
gociation, and success attended perseverance. 

In the early stages of our existence, before we were yet a 
nation, it is indeed true that we drank of the cup of humi- 
liation, even to the dregs ; it was the natural effect of our 
dependant situation ; of the prejudices that bound us, and 
from which great violence was necessary, and was employed 
to detach us. Such humiliation would not befit us now ; no 
motives exist to demand or justify it ; we were then a part 
of another nation, and connected with another government ; 
we began by petition in the terms of abjectness and humility, 
which is incidental to subjects of monarchs ; which is always 
necessary, in order to conceal the spirit and the presump- 
tion, of which monarchs are always jealous in their sub- 
jects ; but abject as we appeared, the very temper and phrase of 
humility, deceived our oppressor into a belief that we were 
too lowly to entertain the manly temper of resistence against 
oppression. ...yet our precursory and our reiterated humility, 
did not unnerve our arms nor subdue our minds, when it 
became necessary to fling off the trammels of oppression.... 

U 



( i46 ) 

The result we now enjo}'. When that very power from wlilch 
we had detached ourselves, refused to carry her treaty mto exe- 
cution. ...did we then go to war ? She held several of our for- 
tresses, we were entitled by every right of nature and the 
usage of nations to seize upon them ; not like the right of de- 
posit, a privilege enjoyed on the territory of another, but for- 
tresses held, and in military array on our own teiTitory. Did we 
then make war ? No, we negociated ; and when another power 
subsequently attacked us, we pursued the same course with the 
like success. The gentleman (Mr. Ross) has told us that when 
President Washington came into office, he would not have ne- 
gociated for the Mississippi, had he not found the ncgociation 
already begun. The gentleman has not told us upon what 
authority he states this, or how he came to possess the know- 
lege of a fact of which all others are ignorant, a fact too, con- 
tradictory of his practice through his life, and of the princi- 
ples of that legacy which he left to his country. 

It was not to be expected that he should, coming from the 
hiterior of America, be competent to discviss the policy and 
balance of power in Europe. Indeed, if it were not from 
an apprehension of too much presumption, he would venture 
to say it was the height of absurdity to introduce their policy 
on a question like the present. We had been told also of the 
Romans, that they never negociated but on the line. This 
would of course lead us, if to any thing, to imitate the inso- 
lent and dominating spirit of Roman conquest, the part of the 
Roman policy of all others most to be deprecated and avoided. 
He would rather prefer the policy of the ancient republics of 
Greece, whose practice was negociation in preference to war. 
The policy of all republics is in their nature pacific. The con- 
trary is the character of other forms of governments. In mo- 
narchies and aristocracies, the rulers never suffer, and the 
people who suffer, have no influence or control. In republics, 
the people v^-ho likewise suffer, have their due weight, and 
happiness being their interest, they are ever averse from war. 

If European lesssons can be of use, those of Britain and 
Spain in the time of Sir Robert Walpole, should instruct us : 
that minister had been repeatedly called upon to declare war, in 
consequence of aggressions, or alledged aggressions, of Spain ; 
after two years he was forced into it reluctantly, but not until af- 
ter several embassies had been sent and failed. Britain has had 
tew ministers equal to him as a politician. But history will tell 
you, that at the peace which followed, no notice was taken of the 
spoliations for which the v/ar commenced* If Great Britain 



( i4r ) 

tkeii failed, what are we. to expect from a war. If we were 
to believe all that gentlemen insinuated yesterday, it would 
seem to be our intention to humble ourselves in dust and ashes, 
at the feet of the empei'or of the Gauls....and to encourage 
this idea of our humiliation, the gentlemen tell us, that he has 
conquered all Europe, and that his mandate is the law. To 
insinuations of this unbecoming kind, he would tell the gen- 
tlemen, in the words of his friend from Georgia, (General 
Jackson) that in defence of our country and its rights, we will, 
when we draw tiie sword, throw away the scabbard. Gentle- 
men thus menace us only to make us the cowards which they 
ficticiously describe us. But he would call their recollection to 
our revoiunon, where a people unarmed, undisciplined, half part 
disaffected, asserted their own liberties.... without money or vi- 
sible resources ; attacked by the then first nation of Europe, 
aided by auxiliaries fiom Germany, and with the first naval 
force on the ocean. Need the gentlemen be told we beat 
that great nation. The gentleman, none of the gentlemen on 
that side, know the people of whom they talk. 1 have walked 
more in the common walks of life, than those who look down 
w^ith disdain on the hardy husbandman, and who consider all 
bliss, as well as all power the peculiar right of an imaginary 
superiority, or an accindental capacity for luxurious extrava- 
gance....! saw the army which atchieved our liberties, and often 
have I traced their naked footsteps through the snow by the 
blood v/hich gushed from their lacerated but untired feet.... 
Men who endure, and are capable of enduring such hardships, 
possess spirits which men, accustomed to slight and de- 
grade them, cannot conceive. It is upon such men, and not 
on the disciples of luxury and frivolity, that America must 
depend for her libei-ties ; it is of such men the ranks of her 
armies will be composed, and such are the men who compose 
the population of the western country. He knew this people, 
and that they wished for peace, though if justice required it, 
they would be in the ranks of battle, while those who asperse 
them would perhaps be at their toilettes. The resolutions 
substituted would accord with the wishes of his constituents, 
he would therefore support them. If negociation failed, and 
we are compelled to the dernier resort, we should then see if 
those who are for resistance would unite,and make a common 
cause with us. 

Mr. Whtie (to explain) said, that the gentleman had in 
the evaporation of passion distorted and misrepresented him ; 
he owed it to the public and the Senate, to shew that he would 
go as far as any one in his respect for the we".tern coiintry.... 



( 148 ) 

he would go as far as the gentleman, or farther. What he 
alluded to, with regard to French influence over the western 
people, was, that they would by means of their commerce, 
obtain an influence over them. 

Mr. Anderson. It gave him much pain to be obliged 
to shew the gentleman that passion must have occasioned a 
total absence of memory, or reflection a conviction of error, 
which it would have been more generous in him to acknowlege 
than to aggravate. But since the gentleman did affect to 
Kei-od it, he must again tell him, that it was not of commerce 
or commercial influence he first spoke ; he did say, "• that cor- 
ruption would find its way to the floor of that house ;" What, 
commercial corruption in that house ? No. How then? It must 
find its way by the corruption of the members, which the 
v/estern countiy send to Congress. If he had told the gentle- 
man, that Delaware was under the influence of Great Britain^ 
and that corruption had made its way from thence to the floor 
of that house, what indignation ought not the gentleman and 
his colleague have a right to feel. 

General S. T. Mason said, that if he were to consult the 
state of his health, he should not trouble the Senate with any 
remarks on the resolutions before them. But he had heai-d iu 
the course of the debate, certain observations, such strange 
and paradoxical ai-guments, insinuations and assertions of such 
a nature as ought not to be passed unnoticed. Doubtful 
whether his strength would sustain him through the whole 
scope which in better health he should take, he would endeavor 
to limit his arguments to a few of the most prominent particu- 
lars, which excited his attention, and to the delivery of his 
reasons for preferring the substitute propositions of his friend 
from Kentucky (Mr. Breckenridge) to the original resolu- 
tions of the gentleman from Pennsylvania. 

In presenting himself to the attention of the Senate, his 
voice, feeble at the best of times, would, after the boisterous 
blaze of declamation, and crackling of eloquence, with v^iich 
they had been yesterday stunned, would demand particular 
indulgence. Feeble as he was, however, he was not daunted ; 
objects and sounds, often present themselves to the senses 
which surprize without exciting curiosity, and confound with- 
out being comprehensible : mountains of sophistry, like moun- 
tains of vapor, fade before the simple and inoffensive rays of 
reason and truth. 

The amendment on your table is to be preferred to the 
resolutions first proposed, because they breathe a spirit mort^ 



( 149 ) 

consistent with the practice of civilized nations, and more 
congenial with the character of the American people ; they 
propose to effect what is reasonable, without tending to injus- 
tice or impolicy; they are the substitutes for propositions, 
novel, unnecessary, and extraordinary... .such as this body has 
no power to adopt. The amendments go to obtain all that 
is required by the most prudent considerations; they provide a 
constitutional force adequate for any exigency within, and a 
force for exterior service, should it be found necessary to call 
it forth ; we shall have a body of 80,000 militia, for home 
service, and a corps of volunteers for a legal period, and 
which might be marched out of our limits ; ar3<;nals on the 
spot, provided v/ith all the stores requisite for actual service, 
should they be required. Resolved on peace, unless forced 
from our rights. ...then prepared for war. 

The resolutions first offered are of a very different cha- 
racter, they seek a very different end.. ..they tell us directly, 
yoii must go and make xvar^ but they do not furnish the means. 
Does the gentleman not know that the militia cannot be sent 
on the service of invasion into the territory of their neighbors? 
Does he not know that we are destitute of any authority what- 
ever to send them ?....the constitution gives Congress the power 
over the militia to " suppress insurrections, and repel inva- 
sions," but nothing farther. 

The amendments provide for the exigency if it should ever 
arise, and in an adequate manner. It is proposed to enroll 
volunteer corps, for such a length of time as may be expedient 
or necessary for the service, and to march on any service which 
may be required- 
He had heard in the debate, many professions of confidence 
in the executive. He was v^ery glad to hear such unusual ex- 
pressions from that quarter. However, it was entitled to its 
due weight.. ..what that was he would not enquire ; but this 
he would say, that this unexpected ebullition of confidence 
went very much farther that he should be disposed to carry his 
confidence in any man or any President whatever. Gentle- 
men tell us that they are willing to entrust to the executive 
the power of going to war, or not, at his discretion.... wonder- 
ful indeed is this sudden disposition to confidence. Why do 
not gentlemen give away that which they have some autho- 
rity or right to bestow ?...Who gave them the power to vest in 
any other authority than in Congress the right of declaring 
war. The framers of this constitution had too much experi- 
ence to entrust svich a power to any individual j they early, and 



( 150 ) 

wicely foresaw, that though there might be men too vh-tuous 
to abuse such a power, that it ought not to be entrusted to any ; 
and nugatory would be the authority of the Senate, if we could 
assume the right of transferring our constitutional functions to 
any man or set of men. It was a stretch of confidence which 
he would not trust to any President that ever lived, or that will 
live. He could not as one, without treason to the constitution, 
consent ever to relinquish the right of declaring war to any 
man, or rnen, beside Congress. 

We are told that negociation is not the course which is pro- 
per for us to pursue. But to this he should reply, that such 
was the usage of all civilized nations ; and, however, gentle- 
men might attempt to whittle away the strong ground taken by 
his friend from New York, he had shewn in a manner not to 
be shaken, that negociation before a resort to the last scourge 
of nations, is the course most consistent with good policy, 
as well as with universal practice. The gentleman from 
Pennsylvania had indeed told us that Great Britain had de- 
parted ivom. that practice. ...unfortunately for Great Britain and 
the gentleman's argument, he told us at the same time, that she 
had sustained a most serious injury by her injustice and pre- 
cipitation. She went to war to seek retribution, and after 
fighting a while, she left off, and forgot to ask the retribution 
for which she went to war ! And this is the example held up 
for oitr imitation, because Great Britain violated the law of 
nations, we are called upon to do so too ! We are told also, 
that Great Britain commenced war during our revolution 
against the Dutch, v/ithout any previous notification. ...that she 
did the same in the late war with France, and in both cases 
seized on the ships in her harbors.... that is, like a professional 
bully, she struck first, and then told them she'd fight them.... 
and this is the gracious example held up to us. 

The merits of the different propositions consisted in this, 
that by the amendments we propose, to seek the recourse of 
pacific nations.. ..to follow up our own uniform practice ; we pur- 
sue, in fact, the ordinary and rational course. The first reso- 
lutions, go at once to the point of war. This v/as openly and 
fairly acknowleged by the gentleman from New York, (Mr. 
G. Morris.) The gentleman from Pennsylvania, (Mr. 
Ross) indeed told us that it is not ■war....\t was only going and 
i^iVCi^ peaceable possession of New Orleans! He did not be- 
fore think the gentlem.an felt so little respect for the Senate, or 
estimated their understandings so much inferior to his own, as 
to call such a measure c'l act cf peace ! How did the gen- 



( 151 ) 

tlcinan mean to go, and hoAV take peaceable possession ? Would 
he march at the head of the posse commiUatus f No ! he would 
mai-ch at the head of 50,000 militia, and he would send forth 
the whole naval and regular force, armed and provided with 
military stores.. ..He would enter their island, set fire to their 
warehouses, and bombard their city, desolate their farms and 
plantations, and having swept all their habitations away, after 
wading through streams of blood.. ..he would tell those who 
had escaped destruction.. ..we do not come here to make war 
on you... .we are a very moderate, tender hearted kind of 
neighbors, and are come here barely to tike peaceable posses- 
sion of your territory ! Why, sir, this is Loo naked not to be an 
insult to the understanding of a child ! 

But the gentleman from New York, (Mr. Morris) did 
not trifle with the Senate in such a stile. ...he threw of the mask 
at once, and in a down right manly way, fairly told us that he 
liked ti'«/-....that was his favorite mode of negociating between 

nations.... that xvar gave dignity to the species that it drew 

forth the most noble energies of humanity ! That gentleman 
scorned to tell us that he wished to take peaceable possession. 
No : He could not snivel, his vast genius spurned huckster- 
ing.. ..his mig! .y soul would not bear to be locked up in a petty 
v/arehouse at New Orleans... .he was for war, terrible glorious 
havoc 1 He tells you plainly, that you are not only to recover 
your rights, but you must remove your neighbors from their 
possessions, and repel those to whom they may transfer the 
soil. ...that Bonaparte's ambition is insatiable. ...that he will 
throw in colonies of Frenchmen, who will settle on your 
frontier for thousands of miles round about, (when he comes 
there ;) and he does not forget to tell you of the imminent 
dangers which threaten our good old friends the English.. ..He 
tells you that New Orleans is the lock, and you must seize 
upon the key and shut the door against this terrible Bonapai'te, 
or he will come with his legions, and as Gulliver served the 
Lilliputians, xvashyouoffthemap. Not content in his great 
care for your honor and glory, as a statesman and a warrior, he 
turns prophet to oblige you. ...your safety in the present vear 
or the next, does not satisfy hira....hi3 vast mind, untram- 
melled by the ordinary progression of chronology, looks over 
ages to come with a faculty bordering en omniscience, and 
conjures us to come forv/ard and regulate the decrees of Provi- 
dence at 10,000 years distance. 

That gentleman, Mr. President, is a surprizing genius.... 
an amazingly gixat man.. ..he could never have been intended 



( 152 J 

ior this poor plain unpowdered republican era in which \yc' 
live satisfied, but which must be a perpetual source of discon- 
tent to him. Eut it is not for us to arraign Providence ! We 
are told that in the immensity of the universe, so unbounded 
is the space it occupies, that even this little ball of earth which 
we inhabit, is so compai"atively insignificant and minute, that 
it would not be missed from the great galaxy ; and yet we are 
told that in forming this little speck in the creation, omnipo- 
tence tired in six days and rested the seventh. In tVie con- 
struction of so immense a system, it would not then seem 
surprizing if, in the general confusion, souls had been shuffled 
into bodies never designed for them ; or thrown by chance into 
ages for which their stupendous faculties were not fitted ; who 
can say that the soul of that gentleman was not intended for 
some ancient sage or hero, or for some sage of future ages 
immensely remote, when America may have gone through a 
long career of greatness and degeneracy, after the manner of 
other nations. Such a soul, so heroic, and so hot for blood, 
would do honor to the Crusades.. ..who can say that he was not 
intended for that age, and that the fall of Jerusalem was not 
owing to the unhappy accident of his being born out of his 
lime, and in the wrong country I 

The gentleman has, with great emphasis, repeated, that 
Florida must be ours. That this may be the case at some re- 
mote period, is not in the order of human events improbable. 
The natural progression of population would seem to indicate 
such an event. The geographical situation of that country, 
has long rendered such a theory famiUar to speculative minds. 
But the gentleman says it must be ours 7iow. Hence it ap- 
pears that the deposit at New Orleans is really not the object 
which the gentleman's gi-eat mind contemplated. But how is 
Florida to be obtained? What injury have we sustained in 
Florida ? Presendy we shall be told we must have Louisiana ; 
then the gold mines of Mexico.. ..these would be very good 
things, if come by honestly.. ..then Potosi.... then St. Domin- 
go, with their sugar, coffee, and all the rest. These likewise 
are all very good and comfortable things in their way, honora- 
bly and justly obtained. But what have we to do with the terri- 
tories of other people i Have we not enough of our own ? Have 
we not more than we can culcivate or sell i 

If we suffer this rapacious spirit to prevail, Mr. Presi- 
dent, v/hat is to be our character ?.... our fate is not difficult 
to foresee. The nations of the old world will become jealous 
of our unjustifiable ambition... .They will combine against us.... 



( 1-^3 ) 

they will humble and curb us. The British belt that binds 
us to the north, will be drawn tight upon us. ...Should it appear 
that we seek to elbow out every European nation who posses- 
ses colonies on this side of the Atlantic... then would the 
sanguinary passions which pant for havoc and disorder, find 
ample scope tor war and de?olation...iWe should see those 
pov/ers of Europe, lately armed against each other, combined 
against us. 

But it is not with our European neighbors only that the 
fervid impatience of the gentleman would embroil us ; not 
satisfied v/ith Florida, and the lock and key of Louisiana, 
he launches us into the turbulent sea of European pohtics, and 
sets us to tilting for that phantom, the balance of power !.... 
Switzerland, Holland, Italy, Germany, Portugal, and Spain, are 
severally described as swallov/ed up by all devouring France ; 
and not only are we to join in the crusade for restoring the lost 
balance of power, but we are invited to do more. ...we are in- 
voked to come forth and tell the nations of Europe, that 
America is a young and manly nation, that we are eager 
to restore that balance of power.. ..and that we will do ourselves 
the honor of leading the van in a new coalition ! 

Is any member of this house prepared for this ? Is this 
the wish or will of the people of America ? It requires no an- 
swer. We find the gentleman beginning with the dejjosit at 
New Orleans, and erecting an immense foundation for mis- 
chief on the rash act of a Spanish officer, in refusing us the 
right to deposit our produce in their territory.... we are then 
carried back to anterior transactions, the capture of ships and 
the detention of seamen in the South American colonies of 
Spain. ...we are then alarmed about the dangers on cur fron- 
tiers from a French colony.. ..but at length the secret comes 
o\it....zve are told we must go to luar to 7'estrain the overgrown 
poxver of France .'....The gentlemen pant for war.. ..and care 
not for what or with whom... .they pursue war with a deplora- 
ble infatuation, and the most charitable construction that can 
be put upon their conduct is, that they know not what they do. 

But we are not to be seduced from the sober policy which 
our situation and our experience commands. Under that il- 
lustrious character so often alluded to, we are told no aggres- 
sion was ever submitted to with impunity.... that there was no 
blockade of the North river, Savannah, or the Delaware. He 
v/ould tell the gentleman, that there .was a blockade more seri- 
ous and extensive than the blockade of any or all those rivers 
....the ocean was put in a state of blockade to us, ...our ships 

X 



( 154 f 

were captured and ccnfi3cated4...our citizens taken from oir 
board our ships and put in irons.. ..they were put on board Bri- 
tish ships of war, and compelled to light the battles of despot- 
ism, against men who were engaged in the defence of their 
country, against men fighting in the cause of liberty, and 
for whom a lively sympathy Avas felt on account of the services- 
rendered to America by them m our revolution. Was this 
no injury? Yet the gentleman from Jersey, (Mr. Dayton) 
teils us the time was when had a single American citizen bcea^ 
oppressed or injured, the national honor would have been 
roused and asserted in his defence [ What a wonderful dis- 
covery ; it is to. be iamented that it is all a fiction»..^.that it has 
no existence bat in the gentleman's unconscious imagmation. 
Was it when the commander of a British frigate, the British 
captain Figot, stopped the American citizen captain Jessup at 
sers., and because he complained of having his men impressed, 
tied him up and flogged him at his gang way.. ..that the sense 
of national dignity was displayed.. ..or when else, if the gen- 
tleman could tell, he ought, and he should be glad to hear the 
nexvH ? 

He insisted that the wrongs done to us since the peace of 
1783, by the BriUsh, were more deep, dishonorable and afflict- 
ing, than uiiy other, or than has happened, or can happen, in 
consequence of the affair at New Orleans. Yet v/ar was not advo- 
cated v.'hen Britain insulted and wronged us ; recourse was 
had to measures of a pacific, and of a more certain and effica- 
cious nature. Certain commercial propositions were brought 
forward, to counteract and coerce by her commercial nerves, 
the nation that had wronged us ; a procedure very different 
from the military peace-march to New Orleans. In the midst 
of the discussion of these resolutions, Gen. Washington appoint- 
ed Mr. Jay to proceed upon a negociation ; and the propositions 
%vere given up to await the issvie of negociation. In all nego- 
ciations which we have undertaken with sincerity, we have 
succeeded. Washington did all that the most pacific policv 
required, to prevent war ; he did so v/ith sincerity ; and not- 
withstanding the adverse counsels by which he mms sometimes 
deceived, it v/as his favorite principle to avoid foreign allian- 
ces, and to study the arts of peace with diligence and constancy. 
It must be recollected by many persons in that house, that in 
a correspondence which took place during the discussions on 
the British treaty, speaking of those who opposed that treaty, 
he called them the '■'■friends of xvar and coiifusioii^\...\\o\v far 
the title was proper, is not here to be enquired ; but it is put 



( 155 ) 

to their consideration, whether gentlemen who oppose nego- 
ciation and advocate taking peaceable possession of a foreign 
territory hy force of arms, are or not entitled to the epithets. 
But whether the gentlemen agree on this point, whether they 
profess a peaceable inclination in the invasion of foreign terri- 
tory with arms in their hands, or openly avow their design to 
be actual hostility, is very immaterial to the public, mIio will 
appreciate the consistency of thtir pretensions and their pro- 
positions. 

It had been correctly stated, that the true course of 
our policy always has been, and always ought to be, to 
pursue negociation, in preference to any species of menace or 
hostility. It was more consistent with a confidence in our own 
resolution, for moderation in difficulty, is always the true cri- 
terion of courage. The course now proposed by the amend- 
ments of his friend from Kentucky, was the same that had been 
formerly adopted. When the proceedings of the legislature 
were arrested bv fo-ifs mission, this was the course. Eighty 
thousand militia were voted, and the country was placed in its 
true position for defence, a reliance upon the patriotism and cou- 
rage of freemen. The same course was adopted with regard to 
France, on a later occasion. ...and in both the effect was an- 
swerable to the intention.... we obtained peace by negociation. 
Those who advocate war measures now, recommended very 
different measures, in the case of British aggression. ...one gen- 
tleman, from New Jersey, indeed, disclaims any merit on this 
score. ...he washes his hands of all the sin which attaches to a 
love of peace. ...he disavows and rejects such a groveling sys- 
tem.. ..born a soldier, the language of war is to him the har- 
mony of the spheres ; war is never mentioned, without stirring 
up his proud recollection of those wonderful atchievements, 
in which he partook his share of glory, in the blood stained 
field.. ..his sympathies are aroused. ...like the sympathies of an 
old coach horse at the crack of a whip '. It is a kind of instinct. 
....no one can accoimt for it.. ..but that it is a natural propen- 
sity.. ..it bears an analogy to love, it is an indiscribable some- 
thing.. ..and great warriors have been ever great lovers.... 
indeed all the ancient knights were in love as a matter of 
course. The passion for war, lasts as long as life, but that of 
love, (from a natural cause) is not always as durable, the for- 
mer seems already predominant with the gentleman from New 
Jersey, and has betrayed him into an unguarded concession ; 
whilst vaunting of his military atchievements, he has told us 
*hat he was defending the state of New York, when my friend, 



( 156 ) 

who now represents that state with so much benefit to his 
country, and honor to himself, (Mr. Clinton) was on his 
mother's lap, or in the egg-shell ; this is making out the gen- 
tleman rather older than I expected he was, and is acknowleg- 
ing a weight of \ears, that I should hardly have thought a man 
of his gallantrv would have been willing; to own, before so 
numerous and elegant a collection of ladies, as at this time 
honor us with their company. 

But we are told by another redoubtable knight, that we 
must have New Orleans whether the Spaniards will or not.... 
no ceremony in his opinion is necessary. ...he says we want it 
and therefore must have it. Thus, if a buck of high metal, 
were to see a fine horse, he might tell the rider ; sir, that is a 
very excellent horse indeed ; I v/ant it, and you must alight ; 
I do not mean to rob you sir, but really you must dismount, 
and let me have the horse A lady may like a fine transpa- 
rent muslin, or a shawl, or brocade, or something else that 
is very fine and fashionable, she vovvs to heaven she must and 
will have it ; they belong to ♦he shopkeeper to be sure, but 
v\hat does that signify, the lady wants them, and all she has 
to do is to knock the shopkeeper down and gratify her wishes. 
Exacdy parallel is the conduct recommended to us. If we 
can indeed obtain New Orleans in an honest wa}', if the man 
will sell his horse, or the shopkeeper his goods, v.hy then we 
may have it ; but we cannot become so insensible to justice or 
to our true policv, as to invade and take the property of an 
ally before we have complained and demanded our rights 
violated bv an officer of that ally. If negociation fails, it will 
then be justifiable in us to redress ourselves, and insist on our 
right ; if our right is resisted, and further injury done, the 
laws and usages of nations will justify us in retaliating.. ..and 
in such an event, which he did not expect, we might be justi- 
fied in going farther and taking more. But this we could 
never do or attempt unless forced into a war. But as we are 
now called upon to act, nothing could be more unjust. We 
have heard of a right of ours under treaty being suspended, 
by we know not whom.. ..ail we know is, that a Spanish officer 
has undertaken to do this. But without teUing your wrongs 
to his government, you are told to enter on the territory and 
spread fi.re, havoc, and desolation, among the unoffending and 
friendly inhabitants 1 Would the savage tribes of our wilder- 
ness do the like. ...they would not. You have just sent an am- 
bassador upon this very subject, and vou are told he must carry 
with him in his hand, an account of this invasion and ravage, 



( 157 ) 

asliis introduction to negociate on friendly and pacific terms ! 
We empower him to demand redress of Avhat we have under- 
taken to redress ourselves.. ..We ask for justice, and our re- 
commendation is injustice.... We ask dae Spanish government, 
will you please to restore us our deposit ? when we have not 
only taken it, but the whole island. What would be the recep- 
tion of our minister under such circumstances ? He would be 
sent back. ...and we should be told that they would try to take 
from us by force, what we had usurped beyond our just claim. 
Such is the policy which gentlemen recommend. 

Some gentlemen read us the newspapers, some private 
letters from God knows v/ho.... another tells us of the prince of 
Parma and the king of Eutruria, and the duke of Modena.... 
that Spain is the actual aggTessor.... then that France is the 
real mover.. ..Further, from the same source we learn that lord 
Whitworth has arrived at Paris, and that the expedition of 
the French is suspended, because Great Britain wisiies to 
purchase Louisiana. Thus it is demonstrated by the gentle- 
tlemen themselves, that they know not, or care not, what they 
are doing, and that they are desirous of acting in the dark ; 
for, if we raise the sword, we know not whether it is to fall 
on the head of Spain, France, or England. If it should hap- 
pen to be on die last, some gendemen would certainly deplore 
their present impetuosity. 

We have been told that Spain had no right to cede Louisi- 
ana to France ; that she had ceded to us the privilege of depo- 
sit, and had therefore no right to cede her territory without 
our consent ! Are gentlemen disposed to wage war in support 
of this principle ? Because she has given us a little privilege, 
a mere indulgence on her territory, is she thereby constrained 
from doing any thing for ever with her immense possessions ? 
No doubt, if the gentleman, (Mr. Morris) were to be the 
negociator on this occasion, he would say...." you mean 
" to cede New Orleans ; no, gentlemen, I beg your pardon, 
*' you cannot cede that, for we want it ourselves.. ..and as to 
*' the Floridas, it would be very indiscreet to cede that, as, 
" in all human probability, we shall want that also in less than 
" 500 years from this day.. ..and then, as to Louisiana, you 
" surely could not think of that, for in something less than 
*' a thousand years, in the natural order of things, our popu- 
*' lation will progress towards that place also." 

If Spain has ceded those countries to France, the cession 
has been made with all the incumbrances and obligations to 
which it is subject by previous compact with us. Whether Bo- 



( 1^8 ) 

naparte will execute these obligations with good faith, he couid 
not say ; but to say that Spain has no right to cede, is a bold 
assertion indeed. ...The people of America will not go along 
with such doctrines, for they lead to ruin alone. We are also 
told, that the power of the Chief Consul is so great, that he 
puts up and pulls down all the nations of the old world at dis- 
cretion, and that he can do so with us. Yet we are told by 
the wonderful statesman, who gives us this awful information, 
that we must go to war with this maker and destroyer of 
governments. If, after the unceasing pursuit of empire and 
conquest, which is thus presented to us, we take possession 
of his territory, frona the gentleman's own declarations, what 
are we to expect, only that this wonderful man xvho never 

abandons cm object xvho thinks his own and the nation's honor 

pledged to go through whatever he undertakes.. ..will next 
attack us ? Does the gentleman think that this terrible picture, 
which his warm imagination has drawn, is a conclusive argu- 
ment for proceeding to that war which he recommends ? 

The Senate, Mr. President, at this moment, presents 
a very extraordinary aspect ; and by those not acquainted with 
our political affairs, it would appear a political phenomenon. 
Here we see a number of people from the eastern states and 
the seaboard, filled with the most extreme solicitude for the 
intei'est and rights of the western and inland states ; while the 
representatives of the western people themselves, appear to 
know nothing of this great clanger, and to feel a full confix 
dencc in their government. The former declaring that the 
western people are all ready for revolt and open to seduction ; 
the latter ignorant of any such disposition, and indignant at 
the disgrace which is thrown on their character. In their 
great loving kindness for the western people, those new friends 
of theirs tell them, that they are a simple people, who do not 
know what is good for them, and that they will kindly under- 
take to do this for them. From the contiguous states of South 
Carolina, Georgia, Tennessee, and Kentucky, (those states 
from which the gentleman fi-om Pennsylvania, by his resolu- 
tions, proposes to drav/ the militia,) every member of this 
house is opposed to war ; but from the east, (and one can 
scarcely refrain from laughing, to hear of the all important 
representatives of the state of Delaware in particular,) such is 
the passion for the v/onderful, or the absurd, there prevails the 
liveliest sensibility for the western country ! 

Soon after the peace of 1783, our frontiers were in a 
situation where national feeling had much occasion for irrita- 



( i59 ) 

tion. The British had not only retained their old garrisons 
on our territory contrary to treaty, but the}^ actually advanced 
upon us, and erected new. Yet such was the extreme sensi- 
bility of the eastern states then, that they Avent to sleep in perfect 
composure... .and their sensibility and their war rage was never 
roused until the British began to interfere with our commerce 
at sea... .then indeed they began to rub their eyes, and to dis- 
cover that there was some danger. But they continued still 
to feel very little for the western people. ...perhaps they did 
not know them so v/ell.... they had not yet travelled ever the 
zvestern lands ! 

These contradictions must be resolved by other than 
state interests ; by other causes than any sufferings of particu- 
lar states. They must be explained by events in times past, 
and by causes which do not belong to the interests or the hap- 
piness of the people. There are men in this country who 
entertain an incurable passion for war... .there are some men 
who see no means by which their ambition can be gratified, but 
through the evils and distractions, the miseries and the dis- 
contents, inseparable from a state of war.. ..There are, said he, 

such men war leads to expence, and to discontent with the 

government which creates it.. ..war strengthens the hands of 
executive power, and weakens the authority and the voice of 
the people. ...war multiplies the means of profusion and v/aste 
of the public treasures, in contracts and jobs.. ..it gives a pre- 
ponderance to one branch of the government over the rest.... 
From the beginning of this government, this struggle has been 
visible, where ambition has leagued with avarice against the 
interests of the people ; and where there has been more pain 
and trouble occasioned by the incessant efforts of this combi- 
nation, than all the other duties, cares, and incumbrances of 
government. Perhaps some gentlemen do not act from a con- 
sciousness of such motives.... perhaps some few may act from 
opinion, and without personal or ambitious views. ...some per- 
haps conscientiously think that it would be preferable to lodge 
.ill authority in the executive, and to dispense with popular 
representation, or even ordinary legislation. Whatever might 
be the motives or the impressions oithisfen\ this government 
was not made for them ; it was made for the man}', and must 
be so administered. 

He could have enlarged much more on what had fallen in 
debate, but his strength would not enable him to pursue the 
examination much farther... .he would, therefore, content him- 
self with stating his reasons for prefering the substitute to the 
original resolutions. 



( 160 ) 

This he considered to be a most favorable time for nego- 
ciation. We are told that Bonaparte never gives up an enter- 
prize. He will not then give up St. Domingo... .he has attack- 
ed it, he has been disconcerted. ...and is pledged to accomplish 
it at any sacrifice. Great as that colony is, and perhaps he 
does not think so much of it as in a commercial view it merits, 
but if, as has been said, he wishes to preserve it as a necessary 
means for the reduction of the West Indies, this must be the 
most favorable opportunity for pressing a negociation. What 
may be attempted or expected from that negociation he would 
not say, because it was not proper, in the present stage of pro- 
ceedings. 

He stated, that the original resolutions, by delegating to 
the President of the United States, the power to invade the 
neighboring territory of an ally, with fifty thousand militia, 
and all our regular military force ; v/hilst they betray the mo&t 
outrageous spirit of hostiUty^ they are evidently calculated to 
defeat all attempts -aX. friendly negociation^ and in two instances, 
most palpably violate the constitution : to Congress the power 
of making war is confided by the constitution, a power which 
they cannot ti'ansfer to the President or any other authority. 
Secondly, the militia can only be used by Congi-ess " to sup- 
press insurrections and repel invasions," they have no power 
to send them without the limits of the United States upon any 
object of conquest, or to avenge any national wrongs or indig- 
nities, that we may be supposed to have suffered. The militia 
force, therefore, if collected, could not be used for the pur- 
poses expressed in those resolutions. 

But by the substitute offered by the gentleman from Ken- 
tucky, a greater force is to be held in a state of pi'eparation, 
a part of these to be enlisted, or rather enrolled as volunteers, 
for a longer time of sendee than militia are liable to, and by 
the terms of their engagement may be marched any where that 
may be required of them, by an act of Congress. Arsenals are 
to be built, and arms and ammunition deposited in suitable 
situations, so that should war be unavoidable, every thing is 
placed in a state of perfect preparation for such an event. And 
when Congress, with whom the power of war is lodged, may 
think proper to declare it, the declaration of war may be fol- 
lowed by an immediate and effectual movement. Thus the 
resolutions proposed as an amendment, whilst they shew more 
temper, moderation, and jusiice, will be more effectual, 5ihould 
we find it necessary to resort to the last means of settling na- 
tional disputes ; they are such as the powers of Congress are 
competent to, and by not attempting more, argue at sincerity 



( 161 ) 

of intention, which the others (fi-om their very different cha- 
racter in this respect) may be suspected of wanting. Though 
the ostensible pretext of those resolutions, was to secure the 
deposit at New Orleans, yet it was evident, that their ob- 
ject was tycr at all events, these gentlemen seem to be all 
equally anxious for war, though they differ about the causes 
and inducements which should lead us to undertake it, and 
the means of pursuing it, seems to have been very crudely 
digested indeed. War is all they want, is all they wish. ...set 
it once going, and it will work afterwards to suit their pur- 
pose. ...give them but war, they care not with whom, or for 
what. 

Mr. Cocke. The doctrines held by the gentleman from 
New York, (Mr. Morris) are curious. He tells us, Mr. 
President, that we must go to war for fear we may be com- 
pelled to go to war;.,.. that we must attack the Spaniards be- 
cause they are weak.... and we must attack the French because 
they are powerful.... we must force our western fellow citizens 
into a War, from an apprehension that if we do not, they will 
go to war themselves, and become our most formidable ene- 
mies ! This he supposed, was what some people called oratory, 
but for which an honest man is at a loss to find a proper name. 
The love of peace he has declared to be a good reason for going 
to war ; and this is more oratory. There was something said 
iaboutaduke of Parma and Hercules, but this he supposed was 
oratory also. . . .it was hardly possible to be serious upon this kind 
of doings. The gentleman in the same speech told us, that 
he did not know what the President was doing on this business ; 
he has a bad memory for an orator, for it is but a few da}"s 
since he was present at the nomination of James Monroe, to 
proceed to Europe as ambassador to negociate on the subject ; 
this was at least something, and more was expressed in the 
message from the executive on the nomination. Why, sir, 
oratory appears to nle a heap of contradictions ; fine words 
may, to be sure, be very diverting, but they are not half 
so well calculated for a republican people as matter of fact. 
The gentlemen, indeed, appeared to think very differently, 
for we have been accused of wishing to keep their arguments 
and speeches from going abroad, and to keep to ourselves with 
closed doors, all their fine doings about the prince of Patfia 
and the emperor of the Gauls, and about the prophecies of the 
gentleman to the Swiss so many years ago. He could assure gen- 
tlemen, that for his own part he entertained as little apprehen- 
sion about their fine speeches as he did of the prince (jf Parma,- 

Y 



( 162 ) 

or the hero of Italy ; and he believed his constituents general"^ 
ly, thought about as much of them, if they thought of them 
at all. 

But gentlemen tell us our rights are invaded, and that we 
must go down and attack the sluggish Spaniard ; and that we 
should do this in time, before Bonaparte comes, and builds a 
chain of fortifications along your frontiers. How are the pub- 
lic to understand all these things, we must not negociate, be- 
cause the Spaniards are sluggards, and we must fight because 
Bonaparte, by the aid of that conjuring devil, which the gen- 
tleman talked of, is to build up a whole line of fortresses, all 
in one night, he supposed. These are the speeches which we 
are told, we were afraid of letting go out to the public... .in 
which every thing is contradictorj\ 

But how are we to account for this zeal for war, in 
those gentlemen now, who, not many years ago, were as 
violently bent on peace ? They tell us, indeed, that there was 
a day when the character of America stood high, and when the 
poorest American individual could not be insulted with impu- 
nity ; and that those were the days of Washington. Gentle- 
men have very bad memories, or they perhaps chuse to forget. 
Do those gentlemen forget Dorchester's speech to the Indians 
....do they forget the possession of our forts on the lakes, 
contrary to treaty ; when the savage Indians were daily mur- 
dering our citizens on the ftontier, instigated by the British, 
when neither age nor sex was spared ; what was the conduct 
of gentlemen then ? Those things happened in the days of 
Washington, and where v/as the redress found? In war? 
Did we march an army to Montreal or Quebec ? Did we even 
seize upon our own forts in our own states, which they held ? 
No. What then did Washington do, Mr. President? Why 
sir, he did no more than we mean to do now ; with a thou- 
sandth part of the provocation or injury ; he negociated. If 
any circumstances justified war, it was those. But even my 
friends did not then propose to resort to arms, they proposed 
a commercial war, in which no blood was to be shed. But 
what did those gentlemen who now bellow forth war ? They 
opposed even a commercial retaliation : the)' deprecated the 
dangers of a war, and proposed negociation, and sent an am- 
bassador. 

The British treaty was concluded, the gentlemen who 
now roar out war! war! then cried out peace, and eulogized 
that treaty. Yet in the twenty-second article of- that treaty, 
we find the gentlemen have furnished another contradiction j 



( 163 ) 

for that article says that neither of the contracting parties shall 
>€>rder or authorise any acts of reprisal against the other, on 
complaint of injury, until a statement thereof shall be pre- 
cented to the injuring party, by the injured, verified by compe- 
tent proof, and demand satisfaction, and not then unless 
>re dress is refused, or unreasonably delayed. Tliis treaty was 
concluded under Washington, but it was also a part of a for- 
jner treaty with Prussia ; and with a subsequent treaty with 
the Dey of Algiers ; the twenty second article of the treaty 
with whom was to the same effect. And this also was a treaty 
concluded by Washington, and all this was supported by the 
gentlemen who now drive at war. Where were Jupiter and 
Mars in that day... .they were napping in the arms of some 
fuddled Bellona ; while a grave judge was sent from the bench 
to the court of St. Janaes', to kneel before her majesty of Eng- 
land, to kiss her sacred hand, and to pray her most gracious 
■intercession with her magnanimous husband, to spare our 
frontiers from the scalping knife, and have pity on us. This 
was called asserting our dignity, in those boasted days. ...we 
never heard of the poorest individual meeting protection ; and 
the representative of our republic was seen taking shelter 
under the royal robe, and aping the pomp and vanity of a vi- 
cious court and corrupt nobility. 

The people of America, Mr. President, have had too 
much experience to be any longer deceived. Their eyes have 
been opened to the deceits which have been put upon them, 
and are now attempted again. They have on every occasion 
marked one prevailing feature of conduct in the party which 
now wish to stir up war ; against every aggression of Great 
Britain, they shut their eyes ; in their sight, the most flagrant 
acts of injustice from that quarter, are either justified or pal- 
liated ; in whatever situation we are placed, with respect to 
other powers, the fiist consideration of this war party is, what 
is the interest of Great Britain on the subject ? Every act of 
any power not aUied to Great Britain, or in any manner oppos- 
ed to her, is magnified and aggravated ; and in all their 
speeches, we are sure to hear, either in the form of a direct 
proposal, or an hearsay insinuation, of an alliance offensive 
and defensive with England ; we are menaced and flattered 
alternately with accounts of her navy ; we are taught to be- 
lieve her navy can destroy us, if we maintain our own rights^ 
■or if we prefer treating with others ; while, if we have differ- 
,cnce with powers to which England is opposed, we are invited 
jto embark in a n^w crusade with her, and to lead the van ^f 



C i^'i ) 

her battles. The people see all these things, they have fell 
them, and can no longer be deceived. 

Sir, while they guard against internal foes, the people are 
not indifferent to their rights, nor unwilling to maintain them, 
at every hazard. The business of New Orleans is in the 
hands of the executive, and the people confide in their own 
choice. If his efforts fail by ncgociation, the people will not 
fail to unite with one voice, and one arm, at the call of the 
government of their country. 

Mr. W. C. Nicholas. If this v/as an ordinary ques- 
tion, his indisposition would prevent his taking any part in the 
discussion ; but as the representative of a state, more than one 
third of whose territory lies on the western waters, and which 
has upon all occasions manifested the most anxious solicitude 
to preserve our rights to the navigation of the river Mississip" 
pi, he felt himself bound to state to the Senate the reasons 
upon which he considered the propositions of his friend from 
Kentucky, entitled to a preference to the resolutions offered by 
the gentleman from Pennsylvania. However irksome it may 
be to him, he will never shrink from the discharge of a public 
duty, from personal considerations. Upon the present occa- 
sion, he would endeavor, as much as possible, tp avoid a 
repetition of what had been said by others in favor of the 
amendment, and in opposition to the original resolutions. To 
make this the more certain, his observations should be more 
in the form of a reply to what had been said in support of the 
resolutions first offered, than a regular argument in favor of 
one proposition, or in opposition to the other. Had the gen- 
tleman who introduced this discussion, dealt frankly with the. 
Senate, or understood the views of his own friends, and at 
once informed us what nations he meant to go to war with ; 
what the objects of the war were to be ; and the extent of the 
proposed conquests, much time and trouble would have been 
saved. When the gentleman from Pennsylvania, (Mr. Ross} 
opened his war project, his resentment appeared to be confined 
wholly to Spain ; his sole object the securing the navigation of 
the Mississippi, and our right to a convenient place of deposit 
on that river. 

We were told by that gentleman, that we are bovmd to go 
to war for this right, which, God and nature had given the wes- 
tern people. What are we to understand by this right, given 
by God and nature ? Surely not the right of deposit, for that 
was given by treaty, and as to the right of navigation, that 
has been neither suspended nor brought into question. But 



( 165 ) 

•we are told by the same gentleman, that the possession of 
New Orleans is necessary to our complete security, leaving to 
the gentleman's own conscience to settle the question as to the 
morality of taking that place, because it would be convenient ; 
he would inform him that the possession of it will not give us 
complete security. The island of Cuba, from its position, 
and the excellence of its harbors, commands the gulph of 
JVJexicoas completely as New Orleans does the river Missis- 
sippi, and to give that complete security that he requires of 
the President, the island of Cuba must likewise be taken 
possession of. It has been shewn that the measures proposed 
by the gentleman from Pennsylvania, and he would again 
demonstrate it, if it was necessary, are calculated to bring 
upon the western country, all the mischiefs that gentle- 
man has depicted as resulting to them from a loss of the navi- 
gation of the river Mississippi. If we are driven to war to 
assert our rights, the western people must make up their minds 
to bear that loss during the war ; for without a naval superio- 
rity which we have not and cannot qbtain, or the possession of 
Cuba, we shall not be able to avail ourselves of the navigation 
to any useful purpose. Although we niay take possession of 
the Floridas and New Orleans, it is from a conviction of its 
pernicious effects upon the western country as well as other 
reasons, that he was averse to appealing to arms as long as there 
is a prospect of attaining our object in another way. It has been 
said in this debate, that war cannot take place without the in- 
terference of Great BrUain, which he presumed is relied upon 
to give us a naval superiorit)''. This, Mr. President, would 
be opening to us a new scene. ...at some period or other we 
may find ourselves forced to seek alliances with some power 
that has a considerable naval force ; he could conceive a state 
of things that would make it prudent.. ..But it certainly is not 
our interest or policy to precipitate ourselves into a situation 
that Vv'ould make that a necessary measure. We have been, 
warned by the experience of other nations, and by the admo- 
nitions of our most enlightened citizens, to avoid entangling 
alliances, to keep ourselves clear of such a connection with 
European nations, as would probably make us a party to all 
their wars ; and hetrusted that when a necessity did exist, if it 
ever should, there will be found wisdom enough in that de- 
partment of our government in whom the power of negociatiou 
is vested to anticipate such a state of things. 

It seemed to him that to begin a war upon such an expec- 
{jstion, and to depend upon future ncgociation for forming 



( 166 ) 

connections to carry us through it with success, would be a 
system of policy too weak and childish ever to be pursued by 
an American Congress. It would be to submit the interest, 
and perhaps the honor of this country to a nation who would 
extort from us sacrifices as injurious as a disadvantageous 
peace would impose. And it must be obvious, that widiout 
die most discreet use of the power vested in Congre'ss to make 
war, and a perfect co-operation between the treaty making pow- 
er and the legislature, we shall subj ect our country to the greatest 
iiilHculties in this way. He would say nothing of the present 
£.tate of Europe, to shew that there maybe an indisposition in 
any nation to go to war, nor of the rival and conflicting in- 
terests of any nation with those of the United States. Every 
gentleman has full information upon these subjects, and will 
appreciate them as they merit. 

The r;;entleman from Pennsylvania, probably distrusting 
ihe success of his measures, if they depended exclusively upori 
the act of the intendant of New Orleans, has brought into 
view, aggressions committed upon our commerce during the 
iate war, and which that g-entleman knows are in a train of 
adjustment, and could only have been mentioned by him with 
a view to produce the greatest possible degree of irritation 
agaifist Spain. Upon this part of his argument he would make 
some further observations hereafter. As the discussion adr 
vanced, new objects and new adversaries were successively 
developed, until from the recovery of a commercial privilege, 
we were gradually led on to the emaneipaticm, and indirectly 
to be the arbiters of the old ancl new worlds.. The gentleman 
from New York, finding the weight of argument against him, 
and that a resort to arms would not be justifiable upon the 
ground taken by his friends, with a boldness and promptitude 
that characterizes veteran politicians, has not only assigned 
new and different causes for war, but new objects, and a new 
ajnd more powerful enemy to cope with. 

He no doubt felt the force of the arguments that have 
be<rn used to shew the improbability that Spain would autho- 
rise an act that would produce a rupture with this country, at 
the moment that she was parting with Louisiana, and when 
she could not possibly derive any advantage from the wi-ong 
that she could do us by that act ; and at a time when we know 
from unquestionable evidence that it is the desire of Spain to 
cultivate a good understanding with this country. He could 
give no credit to the suggestion, that the first Consul had re- 
quired Spain to take that step. Hg knows that character toc> 



( icr ) 

Well to believe that he would attempt to tlirow a responsihility 
upon others, for his measures, nor indeed could it be shewn* 
that the first Consul would be in any way beneiited by it ; he 
knows the American character too well to believe that any of 
the reasons that have been assigned by his friends who have 
preceded him in this argument, would form a justification for 
a declaration of war, without a previous demand for a redress 
of the wrongs that we have sustained. He knows that our 
countrymen, with a courage and perseverance that does pro- 
mise success in any war, are at all times ready when it is ne- 
cessary to assei-t their rights with arms, but that they will not 
be employed in wars of ambition or conquest ; and above all, 
he sees the folly of going to war v/ith Spain, and taking from 
her a country that we should be obliged in honor and justice 
to give up to the French, perhaps the instant after we had 
taken possession of it.. ..for if France would reinstate us in the 
rights and privileges that we hold under our treaty with Spain, 
I demand of the gentleman from New York, if he would wish 
this country to hold possession against France ; and if he 
would, upon what ground he would justify it? 

The cession was made to France before the injury done 
us by the Spanish officer : knowing this we take the country ; 
upon France demanding it of us, we should be bound by every 
principle of honor and justice to give her possession, upon her 
engaging to respect properly our rights. Spain having injured 
us, surely will not justif)^ our committing an outrage of the 
most injurious and insulting nature upon France, Would con- 
duct like this, comport with the gentleman's ideas of nationii! 
honor, about which we have heard so much in the couise or 
this debate ? Can it be, that an act, which, if perpetrated b\- 
an individual, would be robbery, can be justifiable in a nation f 
And can it be justifiable in the eyes of men, who believe there 
is nothing so precious or important as national honor ? Can 
the usefulness or convenience of any acquisition justiiy us in 
taking from another by force, what we have no sort of right 
to? If these things come within the pale of his (Mr. Mor- 
ris's) laws of honor, for my country 1 disclaim all obedience 
to them! The gentleman (Mr. MoRKi.i) has said, that the 
ceding of a country by the possessor to another country, is a 
good cause for war to a nation in the neighborhood of the 
country ceded. In this doctrine, he believed, the gentleman 
would find himself unsupported by any authority, or by the 
practice of nations ; he would, on the contrary, find example 
constantly against him. Did Great Britain make war on Spair. 



( 168 ) 

br Ffance, when Louisiana was ceded by the latter to the 
former ? No. How is such a war to terminate ? Should we 
be authorised to Conquer the country, and hold it for ourselves? 
or must we make war with, Spain and France, until we can 
oblige the former to resume the possession and government of 
the country ? The cession to France cannot give us a right ; 
and to make war for the restoration of the country to Spain, 
would be a madness unrivalled by any thing that has happened 
since the crusades for the recovery of the Holy Land. In 
this dilemma, the gentleman from Nev/ York, (Mr. Morris) 
abandons the ground taken by his friends, and instead of join- 
ing the gentleman from Pennsylvania, in charging the Spanish 
government with the blackest and most wanton perfidy to- 
wards this country, he speaks of tliat nation as disposed to do 
every thing that honor and good faith can require of her, but 
that she is humbled to the lowest state of degradation by the 
force of a superior power.. ..in short, Avhat he has said of that 
country is more likely to excite our commisseration than our 
vengeance : accordingly, the gentleman from New York (Mr^ 
Morris) disdains a conflict with a nation that has been made 
the unwilling instrument of doing us wi-ongt 

He put out of view all the considerations that influenced 
his friend from Pennsylvania ; by the sovmd of his voice he dis- 
pels the whole force that his friend had brought up in inar- 
tial array against vis. ...throws away the mask and declares that 
France, not Spain, is the nation we are to go to war with. He 
would, as concisely as he could, recapitulate to the house, the 
principal reasons given by the gentlemen for going to war with 
France. The cessionof Louisiana is a sufficient cause for war ; 
upon that subject he had said enough to shew its absurdity. We 
are told, and even by the gentleman from Pennsylvania, (Mr. 
Ross) that it is necessary to prevent the French from taking 
possession of that country, or tiiey will seduce the people in the 
western parts of these states. This is the most extraordinary 
argument that ever was used, connected with what was the 
professed object of the resolutions under consideration. The 
object of the resolutions was said to be, to secure to those 
people the free navigation of the river, and a convenient place 
of deposit for their produce. This measure can alone be jus- 
tified by a belief that we shall not be permitted to enjoy these 
important rights. This was at first said, but now it is openly 
avowed, that there is no fear of that sort ; and the gentleman 
from New York, (Mr. Morris) not satisfied with insinu- 
ating this, has told us in plain terms, that France will not only 



( 169 ) 

permit tlie free navigation of the river, and the right of depo- 
sit ; but that they will give such great and exclusive advan- 
tages to the people in our western country, as will put them at 
the disposal of France, so that it is not to secure to our wes- 
tern brethren their rights that we are to go to war, but to pre- 
vent their having an extension of those rights. As a repre- 
sentative of a great number of western people, he felt him- 
self alarmed for their interest, when he connected this with 
what fell from the gentleman, (Mr. Morris) when speaking 
of the effects upon the middle states of a cession of Louisiana 
to France ; he said that France would give such a monopoly 
of the supply of their ov/n islands, the Dutch and Spanish 
islands, to the western people, as would ruin the trade of the 
middle states. Is it consistent with a regard to the westera 
people, or to the union of the states, to attempt to shew that 
the prosperity of one part of the union, is to cause the ruin of 
another ? Are not these observations calculated to excite the 
jealousy of the Atlantic states against the western ? Fortu- 
nately, however, the gentleman, (Mr. Morris) has used ar- 
guments so contradictory, that it is impossible they should 
produce an effect any where. In another part of his speech, 
he did say, if the French gained possession of Louisiana, that 
the western people would never obtain the value of their pro- 
duce.... that in time of peace there would be no purchasers, 
but French merchants who had no capital ; and that in time of 
war there would be no price, as their trade would be cut off. 
Surely diat gentleman can entertain very little respect lor the 
Senate, when he ventures to use arguments so contradictory 
and inconsistent with each other. As to the danger of the 
western people, deserting and betraying their country, the 
suggestion deserved the severest reprehension. 

There were not in America, men more attached or more 
faithful to the government of the United States, than they 
were ; and I will venture to predict, from my knowledge of 
them, that they will be the last who will submit to the yoke of 
despotism, let it be attempted to be imposed on them by whom 
it may. If there is one part of America more interested than 
any other, in preserving the union of these states, and the 
present government, it is the western. Important as the 
Mississippi is to them, their free intercourse with the Atlantic 
states is more important.... all their imports are received 
through that channel, imd their most valuable exports are sold, 
and will continue to be so, in the Atlantic states. The same 
gentleman (Mr. Morris) says we must line our frontier with 



( ira ) 

custcin house ofificcrs, to prevent smuggling... .If there Is anj 
force in what he says upon this subject, we ought not only to 
take New Orleans and the Floridas, but Louisiana and rJl the 
British possessions on the continent. Another reason urged 
with great earnestness by the gentleman from New York» 
(Mr. Morris) is, that France, without this acquisition, is 
too powerful for tlie peace and security of the rest of the 
worid....that half the nations that lately existed are gone..., 
that those that are left are afraid to act, and nation after 

nation falling at her nod that if France acquires the 

Floridas and New Orleans, it will put England and Spain 
compltteiy in her power : giving to these places an impor- 
tance that they do not merit.. ..and yet that gendenian and his 
friends have repeatedly asserted, that war would not result 
from our taking immediate possession of those places j^ indeed 
they say it is the only Vv'ay to avoid war. At one moment, the 
countrv is represented as so important as to make the first 
Consul the sovereign of the world ; at the next, ws are told, 
that we may take it without any sort of risk, and without a 
probability that either France or Spain will go to war with us, 
for the recovery of a country, so all important to them. In 
the language of the gentleman from Pcnrisylvania, I say, this 
idle tale may amuse children, but will not satisfy men. 

Mr. President, we have nothing to fear from the colony 
of any European ration on this continent ; they ought rather 
to be considered as a pledge of the good conduct of the mother 
country towards us j for such possessions must be held only 
during our pleasure. 

Can France in fifty years, or in a centuiy, establish a 
colony in any part of the tei-ritories now possessed by Spain, 
that could resist the power of the United States, even at this 
day, for a. single campaign? What has be^H our progress since 
the year 1763, in settling our western country ? In forty years, 
under the most favorable circumstances that a nev/ country 
could be settled, we have only a population of between live 
and six hundred thousand souls, aad this country is settled by 
men who knew it perfectly.... by men who either can-ied all 
their friends with them, or who knew that their change of re- 
sidence would not prevent their frequently seeing and hearing^ 
from their near relations. Can it be expected that any country 
will be peopled as fast, from a nation at the distance of three 
thousand miles, as our western country has been ? And yet 
we are taught to be apprehensive of a colon}^ to be landed to- 
morrow or next day, from Europe. Sir, if we are wise and 



C in ) 

.ti-ue to ourselves, we have nothing to fear from any nation, Dr 
.combination of nations against vis. We are too far removed 
from the theatre of European politics, to be embroiled in 
them, if we act with common discretion. Friendship with us, 
js the interest of every commercial and manufacturing nation. 
Our interest is not to encourage partialities or prejudices to- 
wards any, but to treat them ail with justice and liberality. 
He should be sorry to reproach any nation.. ..he would rather 
suffer former causes of reproach to be buried in oblivion ; and 
he was happy to perceive that prejudices v/hich were incident- 
al to the war that we had been forced into in defence of our liber- 
ties, with a nation from which we are principally sprung, were 
fast wearing off. Those prejudices had been very pov/erfully re- 
vived, soon after our revolution had established our in.dcpend- 
ence, by the aggressions of that nation, in various ways, more 
flagrant and atrocious than any thing we have to complain of a,t 
this day. The gentleman from Pennsylvania said, that this is 
not an apposite case, that at that time there was no blockade ; 
it is true, there was not a blockade of one of our ports, nor is 
there nov,'^, (the river Mississippi is open for the passage of our 
boats and vessels,) but we were injured in a conmiercial point 
of view, in a more material manner than we should have been 
by the blockade of the Delravare or the Chesapeake, for all the 
countries (except Great Britain) to which it was desirable for 
us to trade, were declared to be in a state of blockade, and all 
our vessels going to those countries were subject to seizure. 
Let gentlemen call to mind what was the conduct of our go- 
vernment at that time ; the house of representatives had tire 
subject under considei-ation, when the then President jvjDpoint- 
ed an envoy extraordinary, to demand satisfaction of Great 
Britain. What was the conduct of the members of the house 
of representatives, who were acting upon the subject, before 
it was knov/n to them that the executive had taken any mea- 
sures to obtain satisfaction for the injury sustained ? Did they 
attempt to counteract the executive? No j they suspended all 
legislative discussions and legislative measures. And even 
tniien, the injuries done us by the actual invasion of our terri- 
tory.. ..the erection of fortifications v/ithin ourlimits...the with- 
holding the posts that belonged to us by treaty, and the rob- 
bery and abuse of our citizens on the high seas, did not pro- 
voke us to declare war, nor even to dispossess the invaders of 
our territory, of what actually belonged to us. The executive 
proposed to negociate, and it was thought improper to obstruct 
f.tp How gendemen, who approved of the interference of th© 



( 1^2 ) 

executive upon that occasion, can justify their attempt to de- 
feat the efforts of the present administration to obtain redress 
for the injury that we now complain of; they must ansAver to 
their consciences and their country. Fortunately for the U. 
States, not only the President, but a majority of both houses 
of Congress, vipon the present occasion, have put themselves 
in the gap between the pestilence and the people. 

It has been asked in a triumphant tone {and it would seem 
as if gentleijien believed it could not be answered,) what have 
you to give for the restoration of those rights on the Missis- 
sippi, which you seek to recover and secure I For our rights, 
sir, we disdain to barter, they are not to be the subject of nego- 
ciation. The business of our envoy, I presume, will be to 
demand their complete restoration, and indemnity for the pri- 
vation ; if in this he should fail, we have a sure resort in the 
bravery and patriotism of our countrymen, and the resources 
of our country. Have the gentlemen to learn at this day, that 
the American people are at all times ready to risk their lives 
and fortunes to assert their rights, and to preserve their real 
honor, that they can readily distinguish between the real calls 
of honor and the factitious appeals that will be so frequently 
addressed to them to answer particular purposes. For our 
rights, sir, I answer, we have nothing to give, but that we 
will risk every thing to secure them. As to an extension of 
our territory, or acquiring commercial advantages that do 
not of right belong to us, if aviy nation should be disposed to 
make us an offer of such, the gentlemen who have asked die 
question, know that we have the means of payment, in seve- 
ral different modes, if we choose to resort to them. 

Having answered the question that has been asked of us, 
the gentleman from New York (Mr. MoRras) will be so civil 
as tv state to the Senate what we should have to give to the 
first Consvil to induce him to let us hold New Orleans, and to 
Spain to prevail upon her to permit us to hold the Floridas, 
after taking these places ? Or does the gentleman believe that 
the first Consul would be more disposed to accommodate us, 
after our committing as to him an unprovoked insult and out- 
rage, than he would, if we had given him no just cause of 
complaint? Does the gentleman believe that the way to con- 
ciliate a man who he has represented as magiianimous in sorfie 
things, who he describes as having conquered one half the^ 
world, and as contemplating the subjugation of the rest, I aay, 
sir, does the gentleman be]ieve, that the way to propitiate 
such a man, is to insult and injure him ? if, as the gentlemcJi 



( ^73 ) 

thinks, it is all important to this country to obtain the Flori- 
das and New Orleans, there can be no doubt (if the thing is 
practicable) that we should be more likely to succeed by nego- 
cieition betore any act of hostilities on our part, than after- 
wards. 

If the gentleman from New York had exerted his inge- 
nuity as much to state the grounds upon which an expecta- 
tion of the complete success of our envoy might be founded, 
he would have been at least as usefully employed to his coun- 
try, as he has been in his attempt to shew that it will not suc- 
ceed, and he would have avoided the i.Jpable contradictions 
of his own arguments, that he htis run into. The gt-ntleman 
himself, v/ithout intending it, has assigned sufficient reasons 
why we migi^t expect entire satisfa.tion. He has said truly, 
that America united, holds the comniL-nd of the west ir dies 
in her hands. ...This must be known to all the nations tirat 
have colonies there, it must likewise be known to the proprie- 
tors of Louisiana and the Floridas, that circumstanced as we 
at present are, there will be perpetual sources of contention 
between them and us j every thing that has happened as to the 
Mississippi, will be to be reacted as to the great rivers that 
head in what is now the Mississippi territory , and empty 
themselves into the gulf of Mexico, after passing through 
West Florida, In the infancy of the colonies that may be set- 
tled in Florida or Louisiana, the mother country can count 
upon nothing but expence, particularly if the) are to be the 
causes of perpetual quarrels with this country. In twenty 
years the population of the United States will be nine or ten 
millions of people..., one third of that population will probably 
be on the western waters, This will give a force in that quarter 
of the union, equal to that with which we contended with Great 
Britain ; and our united force will be such, that no nation at 
the distance of thrte thousand miles, will be able to contend 
v/ith us for any object in our neighbourhood. These consi- 
derations, with a belief, that if we are treated Avith justice and 
liberality, we shall never violate the rights of other nations^ 
or suffer ourselves to be involved in the wars that may take 
place among the great European nations, are arguments that 
cannot be Avithstood, if the governments of France and Spain 
are in the hands of wise men ; for they must see that they have 
nothing to hope from a contest with us, and that a union of 
our force, with a rival nation, vfould be productive of very 
serious daiiger and inconvenience to them. Much has been 
said about confidence in the exectitive ; we have been chal- 



( m } 

Icnged by the gentlemen on the other side of the hovise, to 
run the race of confidence with them.... His confidence was 
as great in the present executive, as it could or ought to be ; 
but much as he respected the chief magistrate, and those 
whom he has associated with himself in the administration, 
he could not go to the lengths of confidence which some gen- 
tlemen had suddenly found themselves disposed to proceed. 
He did not choose to confide the power of making war, to 
the discretion of any man whatever.. ..That povv^er, perhaps, 
the most important of all powers, belonged to the Congress ; 
and to them alone. ...It v/ould be treason against die constitu- 
tion to trr.iisier it to other hands.. ..If we have a right to do it 
for a month or a year, we have a right to do it fox twenty years. 
Shall we have to combat this despotic disposition with, gentle- 
rn en, for ever? Is there to be no end to these attempts upon 
the constitution, and the weight of the people in public 
measures ? Are we to be reproached then, for not confiding 
to the executive, powers that belong to the legislature ? Are 
we to be reproc.:hed because we will not entrust powers in the 
hands of our friends, which we refused to our adversaries ? 
He gloried in such reproach.. ..he considered it as an eulo- 
gium. 

But, gentlemen ought not to persuade themselves, that this 
mode of proceeding, can impose upon the house, or the pviblic, 
an opinion of their sincerity: If gentlemen were really sin- 
cere, their conduct would be of a veiy diiferent character.... 
if they wish to shew their confidence in the executive, they 
would not patronize the calumnies which are daily heaped 
upon the executive, in papers, which derive their support 
from their liberality, or that of their friends. They would, if sin- 
cere, repress that cahmmy, or withdraw their countenance from 
the papers which utter it. They would discountenance those 
iniiuvious lies ; many of which, from having lived in the neigh- 
borhood of the President, he was enabled to say, were ground- 
less and infamous calumnies. There is another way, sir, 
in which those gentlemen may manifest their confidence in the 
President, and which the public good requires of them ; it is 
that they acquiesce in the effort that he is making to obtain our 
riglits, and security for those rights, by negociation; and 
t lereby add to its chance of success. ...in this way their confi- 
dence could have been shewn in a manner useful to our coun- 
try, and it may not yet be too late. We have been told of 
other acts of hostility on the part of Spain, prior to the re- 
striction of our right of deposit. This was evidently intendejl 



( l^o- ) 

to irritate the public mind, but his friend from New- York, 
(Mr. Clinton) had very properly and justly repelled that 
artifice.. ..he had shewn that this was a seperate and distinct 
subject, that it had nothing to do with the New Orleans trans- 
actions ; that though not at liberty to declare the souree of his 
information, yet he would assert, that Spain has given indis- 
putable evidence of a sincere disposition to do us justice for 
the injuries we sustained in our commerce, during the late 
war. From the course of this discussion, it is evident, that 
it was intended, not to enforce conviction on the minds 
of the members of this house, but to produce an effect out of 
doors ; it was therefore important, that no erroneous state- 
ment of an important fact, should go abroad uncontradicted. 
A member from Delav/are (Mr. \Vells) had said that our 
government had received information from the governor of 
New Orleans, that the right of deposit had been taken away, 
in consequence of orders from the competent authority, mean- 
ing the government of France or Spain. (Mr. Wells rose 
to explain.) The gentleman says, he was not understood 
by me ; a proof that I did so understand him, is, I made enqui- 
ries that enabled me to contradict, in the most positive man- 
ner, the information that I thought that gentleman had given 
to the Senate. 

Mr. Dayton said, he lamented exceedingly the indis- 
position of the honorable member from Virginia, (Mr. Ni- 
cholas) not only because it had compelled him to abridge 
his arguments, which always entertained, even when they 
failed to convince, but because to that distraction of mind 
which sickness often produces, could alone be ascribed the 
doubts expressed by that member, respecting the views 
of the advocates of the original resolutions. Ilie difficulty 
of the opposers of the resolutions, would, he said, have 
been less, if the gentlemen who supported them had setded 
among themselves what was their object, and had ascertiVmed 
with whom we were to make v/ar. To both these points^ 
Mr. D. said, the fullest and clearest answers had been given. 
Our object, says he, is to obtain a prompt redress of injuries 
immediately affecting our western brethren, who look to us for 
decisive and effectual measures, and have told iis that a delay 

of remedy will be ruinous to them and our views and wishe* 

are to take possession of the place of deposit guaranteed by 
treaty, whether it be in the hands of the one nation or the other, 
and to hold it as a security that the trade of so importaat a 
river should not be liable to similar intcrriiptiouH in future 



( 15^6 ) 

We are not, as the gentleman from Virginia would insinuate, 
for rushing into a war, but we are for repelling insults, and in- 
sisting upon our rights, even at the risk of one. It was easy 
to foresee that the opposers of the resolutions offered by 
the honorable gentleman from Pennsylvania, must resort to 
other means than fair argument, to justify them in the course 
which they were about to pursue. Our most precious rights 
flagrantly violated, treaties perfidiously broken, the outlet or 
road to market of half a million of our fellow citizens obstruct- 
ed, our trade shackled, our country grossly insulted, were 
facts too notorious, and too outrageous to allow them the least 
plausible ground of reasoning.... Deprived of every other 
means of attack, they have resorted to that of alarm.. ..They 
charge us with a thirst for v/ar, and enter into a description of 
its horrors, as if they supposed thut it was in our power to pro- 
duce, or in theirs to prevent it. That which requires the con- 
currence of two parties, viz. contract or negociation, they consi- 
der most easy.. ..and war, which may always be produced by 
one party only, they consider as most difficult. Is'ay, sir, they 
do what is more extraordinary and unpardonable, they shut 
their eyes to the fact, that hostility has already been commenced 
against us. Attacked and insulted as we had been, do we now, 
asked Mr. D. call for war ? Let the resolutions give the ansv/er. 
They begin with a declaration of certain rights, indisputable 
in their nature, indispensible in their possession, to the safety, 
peace, and union of this country. Not a member opposed to 
us has controverted them, except the honorable gentleman 
from Maryland, (Mr. Wright.) He denied the truth of all 
except one of them, and even of a part of that one. His ho- 
norable friends from the western country, who are in the habit 
of acting with him, cannot thank him for such defence. The 
formerly v/ell applied words, "■ Non tali auxUlo nee dcfensori- 
bus istis egent^^'' must be applicable on this occasion, and it 
may be as Avell to leave them with each other to settle the 
question of their rights. But there is one article of the Ma- 
ryland member's creed which ought not to escape comment, 
because, if adopted, it would be fatal to the union. I under- 
stood him, said Mr. D. as stating that inasmuch as the pro- 
duce v/hich descends the Mississippi bears a proportion of 
about a twentieth only to the exports of the whole union, it 
was not reasonable to expect that the other portion should be 
endangered to protect that minor part. If maxims like this 
were to acttiate our councils, short indeed would be the du- 
ration of our inch pendence. Otir enemies would have only 
to attack us by piecemeal, state by state, to make us an easy 



( 1^7 ) 

prey. The honorable member from Maryland could not hope 
for event hat gloomy consolation which we heard of on a former 
melancholly occasion. He could not flatter hiniiself that he 
and his state would be left to be the last victim. But, Mr. 
President, eveiy other gentleman appears to admit the truth 
of the prefatory declaration of rights... .they admit too, that if 
we cannot be possessed of them otherwise, we must seize on 
them by force, but they refuse to give the means and the pow- 
er to the President, in whom they have told us, over and over 
again, they repose implicit confidence. Is any one of the re- 
solutions too imperative on the President, we will agree so to 
s^ter as to make it discretionary, if desired by any gentlemen 
on the other side ; for without their leave, we cannot now 
amend our own resolutions. 

It is my consolation, Mr. President, said Mr. D. and 
it ought to be matter of triumph to my honorable friend, the 
mover of these resolutions, that, whatever may be their fate, 
the introduction and discussion of them will have produced 
no little benefit. They have brought forward gentlemen to 
pledge themselves in their speeches, to employ force on fail- 
ure of negociation, which, though late, is better than never. 
They must be allowed the merit too of producing the resolu- 
tions which they offer as a substitute. These milk and water 
propositions of Mr, Brackenridge, will at least serve to 
shew that something should be done, some preparation made, 
and therefore even to these, feeble as they are, I will agree, 
if more cannot be carried. But let the relative merits of the 
two be compared. Ours authorise to call out of those militia 
nearest to the scene, and most interested in the event, a num- 
ber not exceeding 50,(X)0, and to give them orders to act, 
when the occasion requires it, in conjunction with the army 
and navy. ...jyicirs authorise an enrolment of 80,000, dispers- 
ed over the whole continent, without any authority to act 
with them, however pressing the danger, nor even to march 
them out of their own state. Ours authorise the President to 
take immediate possession of some convenient place of depo- 
sit, as guaranteed by treaty, in order to afford immediate 
vent for the western produce, and relief to our suffering fellow 
citizens, and thereby put it out of the power of a Spanish in- 
tendant, whether acting from caprice, or orders from his 
court, to obstruct so important an oxxtltt.... Theirs give no 
such authority, but leave to the slow progi-ess and uncertainty 
of negociation, that remedy, which, to delay, is almost as fatal 
as to refuse. 

2 A 



( ire ) 

Mr. Wright had not intended again to have spoken in 
the present debate, but had been constrained to it by the mis- 
x-epvesentation of the gentleman from Jersey, (Mr. Dayton) 
who had ventured '.o declare, that " he had said, that the com- 
" merce of the Mississippi, was too insignificant for us to 
" risk a war in its defence." Was it possible that gentleman 
could have misconceived what he had said on that svibject? 
He presumed not ; his observations had been so far from equi- 
vocal that they had been pointed, " that the right of deposit 
" was all important, and ought to be secured at all hazard*'.... 
He feared, there was a design to misrepresent ; but that fact, 
the house for themselves would decide. 

It was well known that he had strenuously advocated the 
rights of foreign nations, secured to them by the law of na- 
tions, and by their existing treaties : that he had reprobated as 
disgraceful, their violation ; that he hrd endeavored to stamp 
the infamous practice with merited obloquy, and to drag to 
condign punishment, their infractions ; and should it be said 
that he had a design to sacrifice the best interest of the western 
people, (a member of our government) secured to them by 
the constitution he had szuorn to support ; and that only be- 
cause he had preferred the pacific measures that had been 
adopted, to a war ! He feared the gentleman had been go- 
verned by the unworthy spirit ofrecrimination, because he had 
detected his mistatement of the amount of exports from the Mis- 
sissippi ; and had by the production of tl z official documents 
on that subject, corrected his misrepresentations, which he 
considered to be his duty to correct, so that the house might 
not act on false premises. ...and in this opinion he was in some 
measure confirmed, by the gentleman's extraordinary attack 
yesterday on the gentleman from New York, (Mr. Clinton) 
for his firm opposition to the gentleman''s war measures ; 
when with great acrimony he asked, where was that gentle- 
man, (Mr. Clinton) in 1776, when /?f was fighting the battles 
of his country? " He was," said he, " in the egg-shsll, or in 
his mother's lap.".. ..Was it a ground of reproof that a gentle- 
man was not born before his time? No ; it was a perfect ex- 
cuse, he could not in that state be expected to take a part in 
the glorious contest-. ..but I ask, where was his father? did he 
not hold a conspicuous rank in the armies of America? or have 
we forgot, that general Clinton was one of the saviours of his 
country ; and have we not full pi'oof that the son inherits his 
father's virtues.. ..He, for his own part, had more than once 
unsheathed his sworcl in support of American independence ; 



( ^79 ) 

but he thought that the gentleman from Jersey'and himself, 
would both make a good bargain, could they exchange their 
revolutionary laurels with the gentleman trom New York,(i/Ir. 
Clinton) for his bloom of youth, and the fifteen or twenty 
years advantage he had, by being an infant at th. commence- 
ment of the American war... .How different was the treatment 
that the gentleman from New York ?aid hnnself had experi- 
enccd, from what had been practised towards others durmg that 
debate....Yesterday the hon. gentleman trom Delaware, (Mr. 
White) made Bonaparte the king of kings, and the gentleman 
from Tennessee, (Mr. Cocke) gave the gendeman Irom Jer- 
sey, and his friends, a rank among the Gods....l wish he had 
prevailed on that gentleman, while exercismg his gocUiike 
attributes, like Jupiter of old, to have rained gold into our 
treasuriu and not by endeavoring to foment unnecessary war, 
to drain it of its treasure. This would have given hmi arank 
among patriots, gready to be preferred to /us rank among the 

Gods. f. 

Mr. Olcott declared, that though he should vote tor 
the original resolutions ; he was as friendly and decidedly 
opposed to war, as any gentleman it that house. He should 
have remained silent, had it not been so frequently asserted, 
that war was the object of those who supported the original re- 
solutions ; and he rose to contradict that assertion, lest, by his 
silence, it might be supposed he acquiesced in the charge ot 
a desire for war.. ..against Avhich he protested. 

Gen. J. Jackson (of Georgia) was surprised to hear 
gentlemen still contend that war is not implicated in the reso- 
lutions of the gendeman from Pennsylvania. Although he 
was well aware, that after so full a discussion, litde could 
be said that was important, yet he hoped to be indulged m a 
very few observations, and he should be short in making them. 
The best mode of examing the conduct of one nation 
towards another, where an injury has taken place, and satis- 
faction is required, is to resort to private life ; for nations are 
sometimes neighbors as well as persons. The argunaents ot 
"•endemen, and the tenor of the resolutions, lead to taking pos- 
session of the iskind of New Orleans, prior to negotiation, or 
peaceable steps to obtain redress.. ..Nations are bound by moral 
des, and those of justice, as well as individuals; let us take 
a case then from private life. The gendeman from New 
Hampshire, (Mr. Olcott) and himself, both lay claim to a 
house ; the servants of that gendeman possess it ; instead of 
seeking legal and proper means to establish the right claim, he 



( 180 ) 

enters the house, beats out that gentleman's servants, takes 
possession of his furniture, and then tell him, "■ I am ready 
to come to an amicable settlement," or leave him to seek legal 
redresss '.....Would justice, would moral obligation permit 
this ?.... Would our laws permit it ? No, sir ;....the law would 
turn the aggressor out, and place the original and right posses- 
sor in his former state, and then leave them to their proper 
course of redress. Should we not stand in taking possession 
of New Orleans, in the eyes of the world, precisely in the 
situation of the aggressor in private life ? We should, sir, 
and as perfectly unjustifiable. We should rouse the jealousy 
of Europe, and involve ourselves in all probability in a war, 
the evils of which, or its extent, cannot be calculated. What, 
sir, was the consequence of the king of Prussians taking pos- 
session of Silesia under a dormant claim, in the seven years 
war, without negociation? It involved Austria, Russia, 
France, England, and almost all the other nations of Europe 
in a bloody and expensive contest, from the evils of which 
some of those powers have never extricated themselves ; it 
loaded and fettered them with debt.. ..and if we take the step 
proposed, we may, by rousing the jealousy of Europe, produce 
the same effect and the same consequences on ourselves. 

An honorable gentleman near me, (Mr. Morris) was 
pleased to say, he was surprised to hear the anecdote quoted 
from count D'Estaing, that national honor was national inter- 
est. Yet, sir, after all the observations of the honorable gen- 
tleman, he has admitted it, and contradicted himself. For he, 
after painting Bonaparte in a variety of horrible shapes, as well 
as the nation he presides over, has declared the nation a noble 
one, whose interest is Bonaparte's honor, and his honor their 
glory.. ..It makes no difference, sir, Avhat this interest consists 
of.... Bonaparte's glory weighs as interestedly with him as any 
other object possibly could, and the gentleman has said his 
glory must shine... .he must conquer, or he is lost.... is this» 
then not his interest, and a most powerful interest.... A cor- 
roboration of the assertion in the anecdote, sir, that national 
honor is national interest, has been fully admitted and proved, 
by another gentleman from Delaware, (Mr. Wells). ...he has 
expressly declared that the nations of Europe are only so long 
bound by treaty as they find it their interest ! 

What then, sir, is our interest ? Is it to go to war ? To 
copy the old systems of Europe ; to involve ourselves in broils ; 
to fetter our country with debt ; to mortgage our posterity, and 
their funds ? Take a view of England and the consequence of 



( 181 ) 

her continued wars ; a national debt of between five and six hun- 
dred miiiions, which she can never shake off but by the same 
means her neighbor, France, has adopted ; a total downfall to 
the existing government ; a revolution of principles ; and, per- 
haps, in the general wreck, the rise of an usurper. The time 
was, when he felt himself the zealous advocate of the French 
revolution, and the noble sentiments of that nation ; . t that 
day had past.. ..He much doubted the benefit France will ever 
receive from her revolution ; and much raoi-e, any advantage 
the nations of the earth will derive from it. That nation, sir, 
worked itself up, or was worked up, by the attempts of other 
nations, to divide her territory and enslave her, to such a 
pitch, as to overleap the iTiark, and plunged the people into 
a situation, much worse, in his opinion, than -under the 
guidance of the Bourbons. Shall we proceed in this way ; 
involve ourselves in debt, and make it necessary to upset our 
government and constitution to get rid of it ? He hoped, and 
trusted not. We have the happiest.. ..the best.. ..would he be 
permitted to say, the only constitution that secures national 
libeit}^, on earth 1 France has, it is true, what is called, a 
written constitution ; but, sir, is it binding ?.... It is changing 
daily.. -.and we may venture to affirm, that the will of Bona- 
pr.ite is the constitution of France. He did not wish to cast 
reflections on this or that nation. ...or this or that character.... 
Every nation has a right to seek its own happiness in her 
government, as she pleases ; but he hoped we should not copy 
them in their vices. He believed that no democratic repub- 
lic but our own, exists, or can exist ; and no other form of 
government than ours, can secure such a republic. We have 
guards and securities, which no other government possesses, 
or ever possessed. Our general and state governments are 
checks on, and balance each other, and render innovation on 
our constitutions and happy form of government, very difficult, 
and under them, durable influence, usurpation, or tyranny, arc 
impossible. Let us beware, then, how we take any steps 
which may tend to impair our constitution, and thereby de- 
stroy our rights. We are now the happiest people on earth, 
and if united, the force of Europe cannot injure us. 

He must be permitted here to declare, that he understood 
the gentleman from Delaware, (Mr. White) as his friend 
from Tennessee, (Mr. Anderson) did, in his argument of 
that morning, as asserting that in case France got New Or- 
leans, the southern and western people would be influenced 
by them. He was justified in noticing this circumstance, if 



^.' 



( 182 ) 

not by the observations of the gentleman from Delaware, by 
those which fell from the gentleman on his left, (Mr. Mor- 
ris.) He has positively asserted, that if the French gained 
the Floridas, the affections of the Georgians toward the 
United States would be weakened ; that they would be Influ- 
enced by French principles, and that it would be found dic- 
tating the speeches on this floor.. ..He spurned such an un- 
worthy idea from him.. ..His countrymen have too much at- 
tachment to this happy government they know that their 

independence, their rights, their properties depend on it.... 
depend on union with their sister states, and no consideration 
on earth would induce them to attach themselves to any 
other power... .The idea is absurd, therefore, that any gentle- 
man representing Georgia, will ever shew by his speechcT. on 
this floor, any French or other foreign Influence. 

His friend from Tennessee, had spoken the truth respect- 
ing the Avestern inhabitants. Those suspicions ought not 
to prevail. ...it is not politic, nor are they grounded. He 
could venture to go farther ; he believed that the western 
states, at this day, contain more of the soldiers of the revo- 
lution^ than ail the Atlantic states together... .they are peo- 
pled by them, and their descendants ; they cannot be torn from 
the union. ...they will not be colonized by any nation on eai\h 
....they ai-e the same men, now, they were during the revo- 
lution ; notwithstanding, after bearing the toils of the day of 
trial, and losing their all, they were compelled to quit their 
native states, and seek new lands bevond the mountains. Sir, 
they are attached to your happy constitution ; they fought to 
obtain your Independance ; they are of the same habits, the 
same manners ; the)'^ have the spme love of liberty with their 
fellow citizens on the Atlantic states ; and never will, unless 
driven from you, desert you. 

What inducement have they to join any other nation? 
Will they fling themselves into the arms of France, in the 
state in which that nation now is, as he had before observed, 
with no other constitution, no other security, than the will of 
a Bonaparte, for their liberties. ...and leave their own happy 
constitutions and Independence ? No. Will they join what 
the gentleman I'rom Dehnvare has termed the sluggish, inani- 
mate Spaniard, and the slave of France, a nation, I acknow- 
kge, however revered in the fifteenth century, in the reign 
of Charles V. now govej-ncd by superstition and bigotry, with- 
out a solitary spark of liberty within herself, and trammelled 
bv another nation without? Thev will not. Will thev return 



( 183 ) 

to Britain, wiiich, to do her juitice, is the only nation of the 
old world where there is a vestige of freedom, eve?i in appear- 
ance^ remaining ; but where, from her situation, loaded and 
fettered with debt, her posterity disposed of at market, and 
their rights and future revenues mortgaged. ...security of pro- 
perty or rights hang on the brink of revolution, and which 
must not long hence take place, as it already has in France, if 
the debt is not wiped off, at the risk of every thing.. ..every 
article, every necessary of life almost, being already taxed to 
carry on her government, and on trying occasions, added to 
this, an income tax of ten per cent, on the whole profits of 
their estates ? Will the people of Georgia, or the west, go to 
her, sir, in this predicament, and leave their own happy go- 
vernment, with, in comparison, little or no public debt, and 
that daily paying off, Vvithout those odious taxes. ...the whole 
being not much above seventy millions of dollars, whilst that 
of Britain is between five and six hundreds of millions of 
pounds sterling, and which at the best, their colonies must 
sooner or later pay part of? They will not go there, sir, they 
know the value of their own happy situation too well. Where 
then, will they go? To any of the other nations of Europe? 
No ; they are incapable of protecting them. Russia is the only 
power which could make a show of protection ; and are our 
western citizens prepared for the knout, or the wilds of Sibe- 
ria ? Sir, those fears are imaginary, they are groundless, they 
ought not to exist... .the idea ought not to be started, the thing 
ought not to be mentioned. The citizens either of Georgia 
or the western states, cannot be torn from the union by the 
exertions, the intrigues, or the force of any power in existence. 
But while we are told so much of Genet, and his insidi- 
ous practices in our southern states, at this great distance from 
the executive, has no other power attempted to intrigue and 
draw the affections of your citizens from you, but France r 
Yes, sir, if masters are to be accountable for their servants, 
Britain has. He was, himself, notwithstanding all his predi- 
lection for the French nation, and the French revolution.... 
which he now almost regi-etted, for it has injured the cause 
they embarked in... he said, he was hims3lf impressed with the 
impropriety of Mr. Genet's conduct, justified as it was by the 
precedent of our own ambassadors, during the revolutionary 
war.. ..stirring up the people of Holland, and intriguing with 
all the governments of Europe, to induce a confederacy 
against Britain. This, sir, was thought right and justifiable 
hi/ usy at that day ; and we have therefore no right to censure 



( 184 ) 

the French ambassador, fbryo//i)Tw/7_5- our steps.... ViwiS. no doubt 
he, and his nation., deemed his proceedings as proper, as we 
thought ours. 

Yes, sir, Britain did the same. Mr. Listen M^as con- 
cerned with Chishohn and others, in stirring up the south and 
soutli western citizens in tlie same manner. He alluded to 
Blount's conspiracy. A British fr.gate entered the ports of 
Georgia ; her commander had his pocket full of commissions 
....they were offered to citizens of that state, now alive to tes- 
tify it. The object, sir, was to make a stroke at Spain, and 
through her, the United States.. ..there was an intimate con- 
nection between that plan and the recent speculation,* which, 
thank God, has happily failed.. ..the territory, the object of that 
speculation was to have been seized at that moment, and the 
United States involved in war ; it was happily evaded. But 
how the leaders, Blount and others, escaped punishment, is 
best known to the Senate of the United States at that time in 
existence ; no doubt satisfactory reasons appeared to them, 
which might not be deemed so by the citizens at large, who 
had no opportunity of judging correctly of them. As to the 
persons concerned in that speculation, it is but justice to say, 
some republicans were among them, but the majority, and a 
large one, were federalists. Why then are we told so much 
of Genet's intrigues, and nothing of Mr. Liston's? Their 
plans were the same ; neither of them succeeded.... and it is 
not in the power of the world to corrupt the citizens of the 
states for whom so much apprehension is expressed. 

He must advance that the resolutions of the gentleman 
irom Pennsylvania have in them the seeds of war, which it is 
our interest to avoid. Justice ought to mark our steps, as 
well to ourselves as to foreign nations. We have, he agreed 
with the gentlemen on the other side, a right to call for jus- 
tice ; we have been injured. He insisted again, that Spain 
had no power to withdraw the right of deposit at New Or- 
leans. She was as much bound to perform her part of the 
compact in the treaty between us as a nation, as an individual 
is in private life to perform his. Nations ought to be influenced 
by the same moral ties. ...for although he admitted that nation- 
al honor in many shapes consists in national interest, he did 
not carry his ideas so far as the gentleman from Delaware, to 
fcuy, that treaties ought only to be binding so long as our in- 
terest led us to support them... .this would destroy all faith 

* The Yazoo speculation. 



( 185 ) 

among the nations of the earth. Let us first negociatc... the 
people will be unanimous with us.... they will be pleased to see 
us try every peaceable method before a resort to arms. ...we 
shall be justifted to the world, and avoid the jealousies of Eu- 
rope. Having tried this without effect, if we shall be forced 
to war, whenever this shall happen, let the nation be which it 
may, we shall be actuated by one heart, one soul, one arm, 
and, he repeated it, that nation will find the American people 
will draw the sword and fling away the scabbard, until their 
rights are restored to them and redress is given for their 
wrongs. 

The gentleman near him, (Mr. Dayton) had trium- 
phantly claimed the merits of both the resolutions of the gen- 
tleman from Pennsylvania, and those of his friend from Ken- 
tucky, (Mr. Breckenridgk) as belonging to his side of the 
house, the latter having been produced, as he says, in conse- 
quence of the former, without which they would not have 
been thought of ; and he has told us that he and his friends will 
vote for our resolutions, if they cannot carry their own. He 
v,ras not anxiou?) as to which quarter of the house the merit of 
the resolutions shall be attached. He had no objection to the 
gentleman a'ld his friends taking all the merit, provided they 
will do as he says, vote for those produceil by his friend from 
Kentucky, if they lose their own. Unanimity is all we want, 
and unanimity, he flattered himself, nay, was certain, froni 
what has fallen from the gentleman, will take place on this 
occasion. This, sir, has been an auspicicas discussion.. ..it 

ought to be marked, in the annals of united America it 

ought to be handed down to posterity, that the Senate of the 
United States, with the same views, but diflfci-ent means of 
obtaining them, having received an injury from a neighbor- 
ing nation, unanimously determined to try every peaceable 
method to obtain satisfaction, and in case of failure of nego- 
ciation for redress, to be prepared to assert the rights of the 
nation, and to resort to the last argument of politics, the 
ultima ratio. Our bond of union has been stiled by the politi- 
cians oi Europe, a rope of sand ; let them continue to deceive 
themselves.. ..when such unanimity prevails, the deception is 
harmless. Our form of government, and individual ties, 
prove the deception ; and we never ought to lose sight of an 
old revolutionary motto, on our rattle snake money ^ " UxNITEd 
WE ST A NO, DIVIDED WE FALL." We ouglit not Only to be 
impressed with the truth of this ourselves, but we should im- 
print it on the minds of our ) oath, and thus hand it down to 

2B 



( 18S ) 

posterity. My life for the event, as long as this impression 
is made, and this unanimity as to foreign aggression, prevails, 
there is no nation. ...no power.. ..no k:yrant....no despot, on 
earth, who will dare to violate your rights with impunity. 

Mr. Clinton. I should not presume at this late hour to 
tresnass upon the exhausted patience of the Senate, were it 
not that a serious difference as to fact exists between the gen- 
tleman from Pennsylvania and m}self..,. I call it serious, be- 
cause it involves character.. ..and I beg that what I now say 
may be distinctly remembered, on some future day, when time 
shall enable all who hear me to determine between us. In 
introducing the resolutions, the gentleman expressly stated that 
Spain had refused to redress her spoliations on our commerce 
....Astonished at the hardihood of the assertion, I took the 
words down as they came from his lips. I thought it my duty 
to contradict them in the most pointed terms. Yesterday the 
gentleman came forward in another shape, and said that Spain 
has made no provision for the injuries sustained by our mer- 
chants, and that there is no reason to believe that provision in 
any respect adequate will be made. In this change of the terms 
of his former allegation, my colleagTje, in a mode quite variant 
from his general politeness, has backed him with the autho- 
rity of his name. My much respected friend from Virginia, 
(Mr. Nicholas) has tiiis day stated the essential circum- 
stances of the afi'air, with perfect accuracy, and in conformity 
to my representation, and in opposition to the assertions and 
insinuations of the members from Pennsylvania and New 
York, I again declare that Spain Aa^ not refused to redress the 
spoliations coimiiitted upon our commerce... .that, for those 
committed by her own subjects, she is now willing to give us 
the most ample satisfaction : and that we have every reason to 
believe, that cases of a different description will receive a 
friendly and equitable adjustment. With regard to outrages, 
said to have been committed upon the persons of our citizens, 
I stated that no official information was laid before us ; that 
we could not act in the case, without having the facts which 
were to serve as a ground of action, authenticated; and tliat 
many of our citizens had justly exposed themselves to punish- 
ment, by pursuing an illicit trade. The gentleman has now 
brought forv/ard a protest, taken before the American consul 
at Havannah. If my memory does not deceive me, this case 
was a subject of considerable discussion last summer in the 
newspapers of Philadelphia and New York. Mr. Duplex, 
the captain of the vessel, sailed, I believe, from the port of 



( 187 ) 

New York, and was charged with beuig engaged in unla^^ful 
commerce. Whedier diis charge is true....whe=ther this is the 
same case. ...and whether the outrages alledgcd, were really 
•committed, I cannot undertake to decide ; but I would advise 
the gentleman, instead of kcepii.g unis document any longer 
in his desk, to send it to the executive. An enquiry wiilbe 
•immediately instituted ; and if our citizens have been really 
injured, Spain will make, and must make redress. 

Since I am up, I will ansvk^er some of the principal argu- 
?TienLs brought forward b)' the gentleman from Pennsylvania. 
This gentleman has certainly exhibited his cause in the strong- 
est and fairest light of which it is susceptible.. ..In paying him 
More than ordinary attention, I render him a tribute due to 
his ability ; but in making this assertion, I do not not mean to 
•depreciate the acknowkged talents of the other gentlemen who 
have spoken on the saine side. The gentleman has honored 
raje with peculiar notice, and has selected my observations as 
•the objects of his most formidable attacks. I feel it, there- 
fore, a duty due to civility, to return the compliment ; and I 
also esteem it a duty due to myself, to repel some observa- 
tions which he has endeavored to fasten upon me, and to defend 
those which I really brought forward, and which I still think 
have not been materially impaired by any tiling said in opposi- 
tion, during the course of this debate. 

The case put by the honorable gentleman, of an invading 
enemy, shews that he has artfully confounded two things to- 
gether, v/hich are radically distinct....! mean an offensive and 
defensive war. All the observations whicii go to prove the 
necessity of previous negociation, apply only to offensive war. 
The paramount law of self preservation, demands that we 
should resist and repel an invading enemy. It is not necessa- 
ry to pursue this remark any further. A little attention to the 
distinction will shew, that the honorable gentleman has not 
been able to weaken mj^ argument in the least. While he has 
4;hus confounded distinct subjects together, he has the merit 
of another invention, which he has actively used to help 
himself and his friends out of a lab3'ririth of contradiction.... 
I allude to his application of a distinction between major and 
•minor rights. It is to be wished that he had been more ex- 
plicit on iliis subject ; and had defmed, with precision, what he 
meant by major lights. Are they rights essential to the ex- 
istence of a nation ? or do they extend further and include 
those cases which relate to its prosperity ? If to the latter, are 
not national honor, free commerce, and imyiolated territory. 



( 188 ) 

essential ingredients of national prosperity ? and have, they 
not all been gi-ossly trampled upon under former administra- 
tions, without an immediate resort to force ? To prove this 
distinction of any importance, applied in either shape, it 
ought to be established, that a privation of the right of deposit, 
for nine months, or until the result of negociation can be 
known, will destroy our national existence, or essentitdly af- 
fect our national prosperity. I admit that a continued priva- 
tion may have this effect, and am therefore willing, if it can- 
not be restored by negociation, to re-establish it by the sword. 
If there are any rights which can, with propriety, be denomi- 
nated major, I should suppose that rights of territory, rights 
of embassy, and rights of commerce, will com_e under this de- 
scription ; and they have all been violated again and again, iri 
the proud times, as they are called, of Washington and 
Adams. The whole Atlantic, as has been justly observed by 
my friend from Virginia, (Gen. Mason) has been blocked up 
against us. To issue from one of our ports or rivers, was al- 
most certain capture. It was not a case affecting the Hudson, 
the Delaware, the Chesapeake, the Potomac, the Mississip- 
pi, or any one of the great outlets ; but it applies to them all, 
and to the ocean, with v/hich they communicated. Negocia- 
tion v/as then the order of the day. 

The gentleman from Pennsylvania differs from me re- 
specting the conduct of the Romans, in going to Vv^ar....I shall 
leave this question to be determined by those who have turned 
their attention to historical enquiries ; and will only add, that 
to their religious attention to previous negociation, has been 
attributed in no inconsiderable degree, the greatness at 
which they arrived. Every Roman who fought, knew that he 
was fighting for an injured country ; and he fought according- 
ly. I'he gentleman has not attempted to attack, directly, the 
forcible examples I produced from English history, but has 
endeavoured, indirectly, to impair their weight, by indicating 
cases wherein Great Bi'itainhad immediate recourse to vio- 
lence. The instances which he has adduced, prove '~x>nly 
that injustice and robbery have sometimes the sanction of 
governments. The case of the French vessels in 1756, which 
were carrying on innocent commerce under the faith of trea- 
ties, and under the protection of the law of nations, and which 
were seized without any declaration of war, was an act of 
highway robbery, that would have condemned a private indi- 
vidual to infamy or a gibbet, and that will fix a blot on the 
character of lord Chatham^ which no time can wash away.... 



( 189 ; 

The French in thch* negociations for peace, made a compen- 
tion for those vessels for a long dme a sine qua noriy and the 
refusal of Great Britain certainly protracted the war. The 
fortune of arms finally compelled France to give way ; but this 
has not altered the character of the transaction.... The voice of 
impartial posterity will class it among the depredations of 
brigands and pii-ates. 

The gentleman has endeavored to extenuate the enormi- 
ties of Great Britain, by a representation of the conduct of 
the French minister in this country, and the general sensibili- 
ty excited in favor of our French revolution. With the con- 
duct of any foreign minister here. Great Britain had nothing to 
do, unless that conduct was hostile to her interests, and sanc- 
J:ioaed by our government. The sensibility in favor of France, 
at the commencement of the revolution, was not peculiar to 
this country.. ..it existed in every enlightened part of the world, 
and flourished luxuriantly in England. It is true that the events 
of the revolution were sanguinary and disgraceful ; but its 
principles being in favor of the establishment of a free govern- 
ment, was calculated to gain respect and approbation. With 
regard to the French minister, (Genet) his 9onduct was 
doubtless disagreeble to the President, and his recal was soli- 
cited. Our minister in France, (IMr. G. BIorris) was 
equally disagreeable to the constituted authorities of that coun- 
try, and his recal was also solicited. The former was charg- 
ed with associating with democrats and disorganisers ; the 
other with royalists and aristocrats ! The one was said to aim 
at the overthrown of citr administration ; the other was charg- 
ed with opposing the principles of the revolution. The one 
was blamed for visiting the halls of democratic societies ; the 
other for loitering in the regal chambers of the Thuilleries. 
....The one was inculpated as the minister and agent of 
anarchy and conjiision... .The other as the patron and advo- 
cate of monarchy and privileged orders. ...3. composition was 
made, and it v^ras agreed that both should be withdrawn.... 
But w^hat effect could this possibly have on the temper or po- 
licy, or Interest of the British court.. ..The minister at Paris 
was perl\aps as beneficial to their cause, as the minister at Phi- 
ladelphia was injurious ; and certainly they gained nothing by 
the nominal recal. The tone of Great Britain to this country 
was lowered, not by incidents of this kind, but by the events 
of Europe ;.,.. by the total frustration of the projects of the 
crowned heads, leagued together to destroy the sovereignty 
of the people j and Jay's treaty, bad and disgraceful as it was, 



f 190 ) 

would never have been ngi'cpd to, or rather no treaty would 
have been made, with tbis country, had it not been for the 
<lcfeat of the duke of York, before Dunkirk, and the subse- 
quent disasters which bcfel the British urrns. The gentleman 
indeed went out of his way, to tell us that a man of high talents 
was sent to Cireat Briuiin to negociate....that a treaty was 
formed. ...that it v/as opposed with great virulence, but finally 
adopted ; and the gentleman continued to go out of his way, 
and to inform us, that the negociator v/as elected governor of 
New York, where he presided for a long time with great 
honor and advantage, and left beliind liim an example worthy 
of imitation !....! shall not, sir, speak of the negociator or of 
his ncgociations, in the terms I would do if he were present 
to defend himself; but since I am com^pelled in vindication 
,«^f the state I represent, to say som-ething, I may surely be per- 
ixiitted to observe, that the British treaty was neither honora- 
ble nor advantageous to this country ;.. -.that the negociator was 
ignorant of the growth of cotton in the United States, which is 
one of our most valuable exports ;....that the list of contraband 
articles v/as most improperly extended ;....that it was put in the 
power of Great Britain to say when provisions should be 
deemed contraband ;.4..that the great and important principle 
to neutral commerce,y/T(? skips free goods^ was abandoned ;.... 
and generally, that reciprocity was in a great measure over- 
looked. Notwithstanding it was deemed good poHcy to ratify 
this pernicious instrument, it was not done without expunging 
one of its most degrading provisions. The councils of the 
country hesitated for a long time. ...although time has purged 
tlie visual ray of the[gentleman, (Mr. Ross) and discovered to 
him great beauties in the treaty, yet at that period, I well recol- 
lect, for he was then first bursting into geiieral notice, it was sup- 
posed that he was unfriendly to it ; and that expediency alone 
exacted his assent. We know that Gen. Washington was pre- 
vailed upon by the circumstances of the times, to sign it, and that 
he elected it only as a lesser evil than war. The negociator was 
indeed elected governor of New York, but it was before the 
contenLs of the treaty were promulged....If they had been 
tnov/n, his chance of success would have been forlorn. ...At 
the subsequent election he was rvitlidrazvn ! The odium at- 
tached to his conduct as a negociator, had been softened down 
by time, and it v/as in the year 179S, during the memorable 
reign of terror.. ..when the minds of meji were worked up to 
a state of phrenzy, and reason was ejected from her throne.... 
?<Iy excellent friend (0'm,'zcf//5r Livingston) as much superior 



( 19^1 ) 

to him as Hyperion to a Satyr, was the candidate on the repul^ 
lican side. On the brink of our election the gossipping report 
of the famous triple ambassadors, who held conferences, not 
with the regular authorities of the country to which they were 
sent., but with the valets and understrappers of Talleyrand, 
reached this country. The wonderful discoveries they made 
were magnified by the political necromancy which at tiiat time 
deluded the public mind.... and it was industriously reported 
at our polls, that treasonable coiTespondence had been detect- 
ed. ...that the Iradingchai'acters of the opposition were engaged 
in an attempt to yield up this country to the domination o-f 
France. ...that their o-v/n letters were sent over to the United 
States, and that Mr. Livingston was amongst the most con- 
spicuous of these traitors!... .Judge of the effects which thcsij 
hell-born calumnies were likely to have on a people jealous of 
their country's honor. i\lr. Jay prevailed in his election, but 
when the intelligence and patriotism of the state were permit- 
ted to have a Iree and fair operation, his incompetency be- 
came notorious. ...he was found unqualified to liold the reins 
of state. The men of observation of his own party knew 
it, and lamented it.. ..and he fell like Lucifer, never to rise 
again.. ..He declined another election, because he had saga- 
city to perceive the v/orking of the v/aters....lie wisely ret' red 
from the contest, and avoided the faie which candicLatcs of 
greater temeriti/ in some of the ndghbjriiiij^ stales justly ex* 
pcrienced.* 

In order to shew th.at the Span:;/a aggressions were dif- 
ferent from the present, and that our government pursued ii 
different course, the gentleman has told us, that the treaty 
had not been executed, and that the government had directe4 
a body of troops to fiill down the Missi-ssippi. I knovf that 
lieutenant Pope went down to the A7//o/ii-.?, with a detachment, 
certainly not large enough to take posseii;--.iou of that place, and 
to guard our commissioner, Mr. Ellkotc\ in ruviaing ihc boun- 
dary line ; but he certainjy never vreutc^ut of oar ieiritory, nor 
was he ever directed to strike at N. Orlcaiir,, 'I lie obligations 
of the treaty demanded and enforcLd iLs execulioa as strongly 
as they require the observance of all its provisions after it had 
been carried into operation... .The breaeli of faith is the sanve 
...the injury the same... .the dishonor the same. Two year;^ 
and upwardr,, by the gentleman's own admission, we were 
deprived of the riglit of deposit, in contravention of the trea» 

* Mr. R»:s was the unuiccissiu! car.dldarc for the ?;.-.r.svlvi:;'a TOvcrrjH.m 



( 192 ) 

ty ; and what did our government then do ? Did the honora- 
ble gentlemen carry fire and s\vord into the territories of 
Spain ? Did they then cry havoc, and let loose the dogs of 
war ? No, no ; they sent lieutenant Pope, and a heutenant's 
command, dowii the Mississippi, v/iih their r words sheathed, 
and their bayonets unfixed ; all was then modest stillness and 
humility ; the blast of war was not blown in our ears. ...nor 
did they stiffen the sinews, and summon up the blood. 

Nor will it ibrm any solid excuse for the then admini- 
stration, as it respects France, to say with the honorable gen- 
tleman, that no essential right was invaded by that nation. 
Are not the rights of commerce and the rights of embassy, 
essential rights ? and were they not vitally attacked and 
wounded? And if there was a strong party at that time op- 
posed to war with France, there is a vast majority of the 
American people opposed to a rupture with Spain now. The 
administration, indeed, evinced at last, some disposition ta 
retaliate the injuries which were heaped upon us ; but they 
acted " as if vv'illing to wound and yet afraid to strike." In 
the midst of their feeble attacks,... warlike preparations.. ..and 
vaunting rhodomontade, " the rock on which the storm might 
beat," gave way. ...a new triple embassy was sent.... and the 
consequences are known to all who hear me. Away then 
with your empty declamation. ...with your hyperbolical rant 
about national honor and national rights '....You then drank the 
cup of humiliation to its very dregs '....You then suffered real 
Wounds upon the honor of the country and you bore it pa- 
tiently.... When you were smitten on one cheek you turned the 
other... .and now, when a subordinate officer, distant from his 
country three thousand miles, and probably acting from his 
ovv'n impulse, interdicts a right to be enjoyed without our ter- 
ritories, you com.e forward and give us lectures upon national 
honor, and vaunt about taking up arms ! 

I now turn to my honorable colleague, and cannot refrain 
from congratulating ni)' country for giving birth to so sublime 
an intellect.. ..Scorning the restraint of common rules, he has 
started from them with brave disorder, and giving the wing- 
to a lofty fancy, has ascended into the regions of conjecture 
far beyond the ken of human observation. He tells us all the 
world is under the dominion or the fear of Bonaparte. ....that 
the states of Russia, Austria, Prussia and Great Britain ai-e 
the only ones which have not entirely lost an independent cha- 
racter... .but that even they have retired from the contest worst- 
ed and faint hearted... that the first Consul is conducted to the 



( 19- ) 

gratification of an insatiable ambition by a more than com- 
inoii capacity..., that Louisiiu;a will enable him to establish 
that ascendancy in the western, which he has already acnuired 
in the eastern hemispi'iero....and thar unless the United States 
imitate the conduct ascribed by the hon. gcntlrma'n from Penn- 
sylvania, to Washington, and place thcin:;e:.ve^ beiv\' '.en the 
nations of the earth and the destroviT, as iie is said to have 
placed himself lietvveen the people and the pestilence, the ba- 
lance of the great communities of mankind v/ili be deranged.... 
and the world will be enthralled in the vortex of an all devour- 
ing, all destroying despotism.. ..Sublime, sir, as these specula- 
tions may appear to the eyes of so me, and high sounding as 
they may strike the ears of many, they do not affect me with 
any force. In the first place, i do not perceive how they bear 
upon the question before us. ...it merely refers to the seizure 
of New Orleans, not to the maintenance of the balance of 
power. Again.... Of all characters, I think, that of a conquer- 
ing nation least becomes the American people. What, sir, 
shall America go forth like another Don Quixotte to relieve 
distressed nations, and to rescue from the fangs of tyranny the 
powerful states of Britain, Spain, Austria, Italy, the Nether- 
lands ? Shall she, like another Phaeton, madly ascend the chariot 
ofempii-eand spread desolation and horror over the world? 
Shall she attempt to i-esti-.?.in the career of a nation which my 
honorable colleague represents to have been irresistible, and 
which he declares has apalled the British lion and the imperial 
eagle of the house of Austria? Shall she wantonly court destruc- 
tion and violate all the maxims of policy which ought to govern 
an infant and free republic ? Let us, sir, never carry our arms into 
the territories of other nations, vmless we are compelled to 
take them up in self defence. A pacific ch?.racter is of all 
others most important for us to establibh and maintain. With 
a sea coast of 2000 miles, indented v/ith harbors, and Uned with 
cities....w^ith an extended commerce, and v/ith a population of 
six millions or.ly, how are we to set up for the avengers of na- 
tions ? Can gravity itself restrain from laughter at tiic figure 
which my honorable colleague would v.'ish us to make on the 
theatre of the world ? He v/ould put a fool's cap on our head 
and dress us up in the parti-colored robes of a Harlequin, for 
the nations of the earth to laugh at.... and aftcv all the ouissant 
knights of the times have been worsted in the tournament, by 
the Orlancb Furlouo of France, we must then, forsooth, come 
forward and console diem for their defeat by an exhibition of 
our follies. I look ^ sir, upon all the' dangers we have heard 

2C 



( 194 > 

about the French possessions of Louisiana, as visionary and 
idle. Twenty years must roll over our heads before France 
can establish in that countiy a population of 200,CXJ0 souls.... 
What in the meantime will beccme of your southern and 
western states ? Are they not advancing to greatness with a 
giant's stride ? The western waters will then contain on their 
borders millions of free and hardy republicans, able to crush 
every daring invader of their rights. A formidable navy will 
spring from the bosom of the Athmtic states, ready to meet 
the maritime force of any nation.... with such means, what 
will v/e have to fear from the arts or the arms of any power, 
however formidable ? I cannot, sir, but admire the difference 
between the honorable gentleman from Pennsylvania and my 
honorable colleague, and how much the latter out-strips the 
former in the magni'ude of his conceptions. The one advo- 
cates the resolutions to chastise an infraction of treaty.. ..the 
odier to maintain the balance of power.. ..The one proposes to 
seize Nev.' Orleans ; the other, New Orleans, the Floridas, 
and Louisiana.... The one wishes to obtain and fortify the right 
ol deposit ; the other, to acquire an immense territory.. ..The 
one is for vindicating the injuries of our western brethren ; the 
other, rising on his muse of fire., is for avenging the wrongs 
of all mankind ! However the honorable gentlemen may 
differ in other respects, they agree in professions of the warm- 
est support of the executive, if the executive will follow their 
advice and pursue their plan. The honorable mover, carried 
awa}' by the ardor of his feeling-s, has promised us, that he 
will play the orator.. ..he will go among the people and stir up 
mens' blood. " Then he will talk, good gods how he will 
talk i"...?nd after the minds of men are excited to a proper pitch 
by his eloquence, he will then play the soldier.. ..he will march 
With his countrymen to the tented field ! Like another Cincin- 
natus, he will relinquish the sweets of domestic life ; and like 
asiother Curtivis, leap into the gulph to save his country ! My 
honorable colleague will not, indeed, proceed so far ; but he 
has kindly promised us the aid of his oratory and the benefit 
oi his counsels, although he cannot aftbrd us the strength of 
his arm... .And they pledge not only their own services, but 
the co-operation of all their political friends in the glorious 
crusade ! The well disciplined and well marshalled myrmi- 
dons, will follow their illustrious chieTto victory or death.... 
All will be united in support of the administration.... the dis- 
agreeable collisions that we now experience will be done away ; 
and if we only admit their wooden horse within our walls, they 



( 19-^' ) 

will retire from the seige, and IcAve us in quiet possession of 
the government ! We thank the gentlemen for their kind prof- 
fers. We assure them that we will vindicate the honor of our 
country, but we will take our own time, and do it in our own 
way. We cannot consent to receive the dictation of the mr- 
nority ; and highly as we respect the wisdom of their sages, and 
the prowess of their warriors, we must dispense with them, if 
we cannot obtain them without the sm-render of independence. 
It is far from my disposition, sir, to insult over fallen 
men. Advei-sity is with me ever sacred, and I consider a 
great man struggling in the storms of fate, as a sight upon 
which the gods may look down with admiration. i he two 
honorable gentlemen are soon to leave this house, and to retire 
into private life. One of them, my honorable colleague, has 
told us so more than once, or I siiould never have mentioned 
it. I sincerely wish them, in their retirement, all the happi- 
ness they can wish themselves. I hope that they will enjo}^ 
ctium cum dignltate ; but let me, sir, ask them, is it proper in 
them, at the time of their departure, to prescribe a course o-f 
action for those who are to follow them ? Is it generous ? Is it 
candid ? Is is magnanimous in them to strew thorns and briars 
in the paths of their successors \ To plant spring guns and man 
traps in their walks ? To scutde the ship they are about quit- 
ting ; and to leave behind a dreadful legacy of death and de- 
struction ? I appeal to their own feelings, and to th^ feelings 
of every man who hears me, for an answer. 

Mr. Ross thought he had given a very precise definition 
of major and minor rights ; he considered the depiivation o.f 
the ordinary means of a country's subsistence, to be the depri- 
vation of a major right ; it was an essential right, and the defini- 
tion was in point. This right has been cut off, and it was as 
much an aggression as if the whole means of subsistence of 
the union, instead of the western country, was involved. If 
then it was of this character, was it unreasonable ? was it un- 
just ? would it not rather be both just and reasonable to em- 
ploy force to seize upon and repossess ours<;lves of a right of 
v/hich we were unjustly deprived ? Ought we not to seize and 
to hold, until our security was established against dang*^^ of all 
further encroachment. The gendeman from N. Yor'^'- (Mr. 
Clinton) certainly misunderstood him on what relate^^ ^^^ the 
British treaty. He did say that when Genet was retailed, 
the British recalled dieir November orders, and the Pi-esident 
then agreed to treat. He had been misconceived also jn what 
regarded the troops ; !or government did certalnlv direct '^ largt 



( 19S ) 

body of troops to fall clown t'-ie IMisslssippi ; not lieut Pope's 
detachment, for he was long btlbre on the Ohio ; but troops 
were ordered from Tennessee to move doAvnward ; and had 
not the treaty been in consequence executed, and the line run, 
they would have executed it with the sword. 

Mr. Morris said that it appeared to he discoverd that 
he had contemplated engaging the United States in the resto- 
ration of the balance of power in Europe. Wonderful dis- 
covery ! He had barely read an e:;tract from the law of nations, 
which states, th?.t the invasion of the rights of one nation, has 
a tendency to destroy the balance of power ; his desire extend- 
ed no farther than che undertaking oi a bold measure, which 
may save us from the danger of internal war, Ke had been 
chcirged with a want of politeness. ...he conceived that he had 
shevvnboth Denevoltnce and politeness. 

Mr. Ro':;-.. Gentlemen question v;hat I assert as to the 
disposition of Spain to do our citizens justice. I did before 
say, and I Jo now say, that no man ever did, nor do I think 
any man ev,.r v;ill obtain justice for the injuries done by Spain. 

Mr. Clinton. As to the gentleman's opinions, he 
may possess internal evidence, to him more convincing than 
even a know lege of facts to th^; contrary ; what he had first as- 
serted, was, that Spain had shewn a disposition to do justice, 
nay, that so she had promised. The gentleman wishes to im- 
press an cpli'.ioa on the Senate, that Spain has refused to do 
us justice. Now, whatever internal evidence the gentleman 
may rely on, and however positive he may have been, or 
now be, I say that Spain has not refused, 

The question being at length called for, on the motion of 
Mr. Brecktlnridge, for sti-iking out the first section of the 
resolutions proposed by I\Ir. Ross, the Yeas and Nays were 
required, and taken as follows : 

YEAS. 

IMessrs. Anderson, Messrs. Jackson, 

Baldwin, Logan, 

Breckenridge, ' S. T. Mason, 

Bradley, Nicholas, 

Clinton, Stone, 

Cocke, Sumpter, 

Eilery, Wright. 

T. Fester, ■ 15. 



Messrs. Dayton, 
Hilihouse, 
Howard, 
J. Mason, 
Morris, 
Olcott. 



( 19^ ) 

NAYS. 

Messrs. Plumer, 
Ross, 
Tracey, 
Wells; 
White. 



■11. 



On the question for striking out the remaining parts of 
the resolutions, the question v/as also taken, and carried by the 
same vctes on each side. 

The question being then cailo-1 for on the adoption of the 
amendme::* > proposed by TVir. Breckenridge, the yeas and 
nays were called for, and the votes Avere as follows : 



YEAS. 



Messrs. Anderson, 
Bakhvin, 
Breckenridge, 
Bradlej', 
Clinton, 
Cocke, 
Davton, 
Ellery, 
T. Foster, 
Hilihouse, 
Howard, 
Jackson, 
Logan, 



Messrs. 



J. Mason, 

S. T. Mason, 

JNIorris, 

Nicholas, 

Olcott, 

Piumer, 

Ross, 

Stone. 

Sumpter, 

Tracy, 

Wells, 

White, 

Wright.. ..26. 



NAYS....NONE. 



After the question v/as taken, 

Mr. HiLLKOUsE said he v/as opposed to the resolutions 
on a ground that he thought proper now to mention ; the call- 
ing out of the m'ditia of the eastern stages, would be a very 
serious injury to them ; he v/ished, as they v/ere always well 
ofBcered and disciplined, that they shou u not be called out ; 
they were too distant. He hoped tliat in reporting the hill, 
some amendment v/ould be ir. yJe, so as to limit the portion 
of militia to be called out ; he did not care v/hether the line 
was the Potomac or the North river. 



( I9S } 

Mr. WniGHT. The gentleman from Connecticut was 
very liberal, so were all the gentlemen, of professions and 
zeal for the western people. We now see how far it extends 
....it extends exactly to professions, and no more ; for the 
gentleman tells you, he does not care whether the Potomac 
or the North river is to be the boundary, which means, in 
other words, do not call upon us people of Connecticut for 
any thing but our professions, you shall have them in abund- 
ance, and our prayers too ; but as to our militia, they are so 
well officered and disciplined, that it would be cruel to call 
upon them to march south of the North river, or at farthest, 
the Potomac. 

The resolutions were referred to Mr. Breckenridge, 
Gen. Jackson, and Gen. Sumpter, to bring in a bill or bills 
accordingly. 

The house then adjourned. 



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